Join Safia Lakhani on Wednesday May 13 for her webinar “Considerations for employers during COVID-19” where she will discuss the right to refuse work among other topics.

For those working during the pandemic ‑ and for those who will return to work in the coming weeks and months – the question of work refusals remains front of mind. Under the Occupational Health and Safety Act RSO 1990, c. O. 1 (Section 43), a worker in Ontario may refuse work where s/he has reason to believe that:

 (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;

(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself [emphasis added];

(b.1) workplace violence is likely to endanger himself or herself; or

(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker.  R.S.O. 1990, c. O.1, s. 43 (3); 2009, c. 23, s. 4 (2).

Continue reading “The right to refuse work: How does it work during a pandemic?”