Work Refusals
Workers in Ontario have the right to refuse unsafe work. According to the Occupational Health and Safety Act, a worker may refuse to work where the worker has reason to believe that the work, the physical conditions of the workplace, workplace violence, and/or if any machine/device/thing which is to be operated is likely to endanger themselves or another worker. A worker cannot be subject to any reprisal or threat of reprisal by an employer or supervisor for exercising their right to refuse work that they believe is unsafe.
It is highly recommended that your school health and safety representative and the local unit office be contacted before initiating a work refusal
Please call the office at (905) 574-6483 or email healthandsafety@oectahw.com for guidance.
Stages of a Work Refusal
Teachers and Refusing Work - Regulation 857
The following conditions and limitations apply to the application of the Act to teachers:
A principal, vice-principal or teacher appointed by an employer of teachers to direct and supervise a school or an organizational unit of a school is a person who has charge of a school or authority over a teacher and exercises managerial functions.
An employer of teachers that establishes and maintains one joint health and safety committee for all its teachers shall be deemed to have complied with subsection 9 (2) of the Act with respect to all its teachers but nothing in this paragraph requires the discontinuance of any joint health and safety committee or committee of a like nature in existence on the 1st day of October, 1979 or prevents the employer from establishing more than one joint health and safety committee for its teachers.
Part V of the Act does not apply to a teacher where the circumstances are such that the life, health or safety of a pupil is in imminent jeopardy. R.R.O. 1990, Reg. 857, s. 3.
What this means...
Teachers cannot abandon their post. Their students' safety must be taken into consideration before commencing a work refusal.
This can be done by initiating the work refusal before the students arrive at school so the school administration can ensure proper supervision of students OR you can take the students to the school office with you so they can be supervised by an administrator when you initiate the work refusal.
No Reprisals
No worker in Ontario can face any sort of reprisal for acting in good faith upon a matter of health and safety.
The Occupational Health and Safety Act strictly forbids it.
The Occupational Health and Safety Act states...
No discipline, dismissal, etc., by employer
50 (1) No employer or person acting on behalf of an employer shall,
(a) dismiss or threaten to dismiss a worker;
(b) discipline or suspend or threaten to discipline or suspend a worker;
(c) impose any penalty upon a worker; or
(d) intimidate or coerce a worker,
because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act. R.S.O. 1990, c. O.1, s. 50 (1).
Arbitration
(2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint. 1998, c. 8, s. 56 (1).
What this means...
Under section 50 of the OHSA, an employer cannot...
dismiss (or threaten to dismiss) a worker
discipline or suspend a worker (or threaten to do so)
impose (or threaten to impose) any penalty upon a worker, or
intimidate or coerce a worker…
...because a worker has...
followed the OHSA and regulations
exercised rights under the OHSA, including the right to refuse unsafe work
asked the employer to follow the OHSA and regulations.
A worker also cannot be penalized for...
providing information to a Ministry of Labour inspector
following a Ministry of Labour inspector’s order, or
testifying at a hearing about OHSA enforcement
in court
before the Ontario Labour Relations Board
before the Human Rights Tribunal of Ontario or similar organization
at a coroner’s inquest
at a grievance arbitration, and
in certain other hearings.