All employees must know their three basic rights under the Occupational Health and Safety Act:

• The Right to Know
• The Right to Participate
• The Right to Refuse Unsafe Work

Definition

Reasonable Grounds – for continuing to refuse means that the worker has some objective information that makes them believe the work is still unsafe. The worker does not have to be correct in their knowledge or belief. 

The Right to Know

Employees have the right to know:

• How to do their job in a safe and healthy way; and
• What real or possible hazards or risks are in their workplace.

They will receive on-the-job coaching and open communication to keep them informed.

The Right to Participate

All employees have the right to participate in the process of identifying and resolving health and safety concerns. Participating may include but is not limited to:

1. Asking questions when not sure about something.
2. Volunteering to become a worker member of the joint health and safety committee.
3. Helping the joint health and safety committee with health and safety inspections by pointing out possible hazards in the work area.
4. Taking health and safety training seriously and put what is learned into practice in the job.

The Right to Refuse

Employees have the right to refuse work if they have a reasonable belief that the working conditions are unsafe, and may cause an injury to themselves or other workers. 

In the event of work being refused, the following shall occur:

1. The employee will immediately inform their Supervisor of the work refusal and provide an explanation detailing the rationale behind the refusal.
2. The employee performing the work refusal will stay nearby, in a safe place, until an investigation has been completed.
3. The Supervisor will conduct an investigation to determine the safe or unsafe nature of the task with the presence of the worker and worker health and safety representative.
4. The results of the investigation will be communicated to the employee performing the work refusal.
5. In the event that the employee is unsatisfied with the results of the investigation, they may continue to refuse the work, provided they feel they have reasonable ground to do so. If the employee continues to refuse the work, Management will not force the employee to continue with this work and may request that they perform another task.
6. Management may ask another employee to perform the task, but first will inform them of the work refusal and the reason provided in the presence of the worker health and safety representative. This employee has the same right to refuse as the first worker.
7. Management will contact a Ministry of Labour inspector and notify them of the second work refusal.
8. The Ministry of Labour Inspector will investigate in consultation with the worker health and safety representative and management.

After the investigation has taken place, the Ministry of Labour Inspector will provide a decision in writing. If the inspector finds that the work is not likely to endanger anyone, the refusing employee is expected to his/her regular duties.