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Right to refuse dangerous work

Under The Workplace Safety and Health Act (the Act), you have the right to refuse work for anything that you reasonably believe is a danger to your safety and health or the safety and health of others. Dangerous work generally means work involving safety and health risks that are not normal for the job. This could be something you believe will cause immediate and serious, or long-term effects to yours or someone else’s safety and health.

It is important to immediately report hazards and dangerous conditions to your supervisor to help prevent workers from becoming injured or ill. In most cases, the situation is solved by removing the hazard. If the situation is not corrected, you can exercise your right to refuse work.

How to refuse dangerous work

Step 1 – Report the dangerous condition

Report immediately to your employer, supervisor, or to any other person in charge at the workplace, giving your reasons for refusing to work. If the matter is solved to your satisfaction, go back to work. If the employer does not correct the dangerous condition, go to step two.

 

Step 2 – Involve the ​​safety and health committee, representative or another worker

In the case that the employer does not correct the dangerous condition immediately, the person who received the report of refusal to work (or a person designated by them) must inspect the dangerous condition. This must be done in the presence of the refusing worker and one of the following persons:

  • A safety and health committee worker co-chair, or if they are unavailable, a committee member who represents workers. 
  • The workplace safety and health representative. 
  • ​If the above two options are unavailable, another worker that is selected by the worker refusing to work.  

If this inspection results in the matter being solved to your satisfaction, go back to work. If the dangerous condition is still not remedied, go to step three.​

 

Step 3 – Contact the Workpla​​​ce Safety and Health Branch

If the dangerous condition has not been resolved, any of the persons present during the inspection may notify the Workplace Safety and Health Branch. A safety and health officer is available 24 hours a day, 7 days a week, to respond to emergencies.

Workplace Safety and Health will investigate the matter promptly and decide whether the refused job situation or task is dangerous to the worker’s or others’ safety or health. If deemed necessary, a written report stating their findings will be provided. An improvement or stop work order may also be issued to the employer to correct the dangerous condition.

If it is decided that the work being refused is not dangerous, the employer and the refusing worker will be informed in writing and the worker may no longer refuse the work.

You cannot be disciplined for exercising your right to refuse in good faith, and you are entitled to the same wages and benefits that you would have received had the refusal not taken place. Your employer may temporarily reassign you to alternate work while the situation is being remedied. Stay at your workplace for your normal working hours unless your employer gives you permission to leave.

 

Re-assigning re​​​​fused work

Employers must make sure that the following actions have taken place before assigning work that has been refused for safety and health reasons:

  • The employer has provided the alternate worker with a written copy of the reasons for the first worker’s refusal, information on the worker’s right to refuse dangerous work and the reason why the task does not present a danger to the safety and health of the alternate worker, another worker or any person.  
  • Where practicable, the worker who has refused work has advised the alternate worker of the work refusal and its reasons.  
  • An inspection of the dangerous condition has occurred and remedial action has been taken to correct the condition. 

 

Appealing a Workplace Safety and Health Branch decision 

​​Anyone directly affected by a decision may appeal it to the Director of Workplace Safety and Health. A notice of appeal must list the interested persons. The Director must give those listed in the appeal the opportunity to provide information. The Director will then decide on the appeal and provide written reasons for the decision to those affected. The decision of the Director may be appealed to the Manitoba Labour Board. 

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