Worker rights under OHS law

Canadian occupational health and safety laws give workers three basic rights: the right to know about hazards, the right to participate in health and safety, and the right to refuse work they believe is dangerous. Workers are also protected from reprisal for using those rights. Every province builds these into its law, though the details and procedures differ.

The right to know

Workers are entitled to information about the hazards they face and how they are controlled. In practice, that includes:

• The results of hazard assessments that apply to their work.
• Information about hazardous products, through labels, safety data sheets and training. See WHMIS basics.
• Safe work procedures, emergency procedures and the location of first aid.
• Orientation and training before they start a task, and when conditions change.

Employers meet this right through orientation, training, accessible documents and supervisors who explain what they expect. A procedure locked in an office does not meet it.

The right to participate

Workers have a role in identifying and controlling hazards. The formal channel is the joint health and safety committee or health and safety representative, which most provinces require above set worker counts. See health and safety committees and representatives.

Participation goes beyond committees. Workers should be involved in hazard assessments, inspections and incident investigations, and they should be able to raise concerns without going through hoops. Alberta's OHS Code, for example, requires worker participation in hazard assessments.

The right to refuse dangerous work

A worker who has reasonable cause to believe that a task presents a danger to themselves or others can refuse to do it. The exact wording, process and exceptions vary by province, and some occupations have limits where refusing would directly put others at risk, such as certain emergency services. The general sequence is similar:

1. The worker reports the refusal to their supervisor or employer and explains why.
2. The employer investigates promptly, usually with the worker present and often with a committee member or representative.
3. The danger is fixed, or the employer explains why the work is safe. If the worker is satisfied, work resumes.
4. If not resolved, the matter can go to a government OHS officer, who investigates and decides.

While a refusal is under investigation, the rules on whether another worker can be assigned to the task, and what that worker must be told, differ by province. In general, another worker cannot simply be sent to do the job without being told about the refusal. Check your provincial requirements.

The refusing worker is usually expected to stay available, and may be assigned other safe work in the meantime without loss of pay.

Protection from reprisal

Employers cannot discipline, dismiss, demote, reduce pay or otherwise penalize a worker for exercising health and safety rights, raising concerns in good faith, or cooperating with an OHS officer. Each province has a process for workers to complain about reprisal (sometimes called discriminatory action), and the consequences for employers can include reinstatement and back pay.

Reprisal does not have to be formal. Removing overtime, changing shifts or making someone's work harder after they raised a concern can all be seen as reprisal.

Provincial differences to watch

• Alberta sets out the three rights explicitly in the OHS Act and gives detail on the refusal process and on reporting refusals.
• British Columbia covers refusals and reprisal under the Workers Compensation Act and OHS Regulation, with WorkSafeBC handling complaints.
• Ontario covers the rights under the Occupational Health and Safety Act, with a defined two-stage refusal process and specific limits for some occupations.

Federally regulated workplaces use the Canada Labour Code instead.

What employers should have in place

• A written procedure for handling work refusals that matches your province's rules
• Supervisors trained to respond calmly and follow the procedure
• A simple way for workers to report hazards and concerns
• Records of refusals, investigations and outcomes
• Clear communication that raising a concern will not lead to punishment

Rights only work if people feel safe using them. Our guide to psychological safety and hazard reporting covers the culture side.

How ehZee can help

ehZee helps employers write and review the parts of a safety program that support worker rights, including refusal procedures, hazard reporting and committee processes. See safety program development and review.

Common questions