COVID-19 Update: How Does The Right To Refuse Unsafe Work Come Into Play?

COVID-19 is creating considerable uncertainty in the workplace, especially in situations where employees are unable to work from home and must continue to attend at their employer's worksite every day. In an ongoing effort to keep employers informed of their health and safety related rights and obligations as employers, we have outlined key considerations surrounding an employee's right to refuse unsafe work.

What is the right of refusal, or right to refuse to perform unsafe work?

All workers have a right to a working environment that protects their health and safety. Occupational health and safety laws across the country, generally speaking, allow an employee to refuse to perform their work when they have reason to believe that their health, or that of other individuals, is in jeopardy. In such cases, they may exercise a right of refusal which, depending on the jurisdiction, will trigger a variety of obligations on the part of the employer.