Ontario Workplace Safety: OHSA Rights, Work Refusals & Injuries

The Three Basic Worker Rights Under OHSA

• Right to Know: Workers have the right to know about hazards in their workplace — including chemicals (WHMIS labels and Safety Data Sheets), equipment, and procedures.
• Right to Participate: Workers have the right to be part of the health and safety process — including through a Joint Health and Safety Committee (JHSC) in workplaces with 20+ employees, or a Health and Safety Representative in workplaces with 6–19 employees.
• Right to Refuse Unsafe Work: Workers can refuse work they reasonably believe poses a danger to themselves or others. This is a protected right — you cannot be fired, threatened, or penalized for a legitimate refusal.

How to Refuse Unsafe Work (Step-by-Step)

1. Tell your supervisor or employer that you are refusing the work and why.
2. The employer investigates with the worker and a worker member of the JHSC (or H&S rep) present.
3. If the employer believes the work is safe, they may direct another worker to perform it (after informing that worker of the refusal).
4. If the refusing worker still believes the work is unsafe, a Ministry of Labour inspector is called. The inspector investigates and makes a determination.
5. You must remain available and in a safe location during the process.

Important: The right to refuse does not apply to police officers, firefighters, and certain healthcare workers in specific circumstances. It also does not apply if the hazard is a normal condition of the work (e.g., a surgeon refusing an operation because it involves blood).

Employer Obligations Under OHSA

Employers with 20+ employees must have a written Occupational Health and Safety policy(reviewed annually). All employers must:

• Maintain equipment in good working condition
• Ensure workers receive proper training and supervision
• Provide and maintain required personal protective equipment (PPE)
• Post a copy of the OHSA in the workplace
• Report critical injuries and fatalities to the Ministry of Labour immediately
• Conduct workplace inspections and address identified hazards

Ministry of Labour Inspections & Orders

MOL inspectors have broad powers: they can enter any workplace without notice, examine records, take samples, and issue orders to employers. If an employer violates an order, the inspector can:

• Issue a Stop Work Order until the hazard is remedied
• Recommend prosecution under OHSA (fines up to $1.5 million per conviction for corporations)

After a Workplace Injury: WSIB & Your Rights

If you are injured at work:

1. Report the injury to your employer as soon as possible
2. Seek medical attention (your employer should provide first aid)
3. Your employer must file a Form 7 (Employer's Report) with WSIB within 3 days of learning of the injury
4. You must file a Form 6 (Worker's Report) with WSIB within 6 months
5. You are entitled to return to work at your pre-injury job (or suitable modified work) without penalty once medically cleared

If your employer retaliates against you for filing a WSIB claim or for exercising your OHSA rights (reprisal), you can file a Section 50 OHSA complaint with the Ministry of Labour. Reprisal is a serious offence.