Right to Refuse Unsafe Work — Alberta OHS
Under the Alberta OHS Act, every worker has the right to refuse work that they believe presents an imminent danger to their health or safety or the health or safety of others. Employers cannot discipline, threaten, or penalize a worker for exercising this right.
The right to refuse unsafe work is one of the three fundamental rights of workers under Alberta OHS legislation — along with the right to know about hazards and the right to participate in safety. It is not a right to refuse work a worker simply dislikes — it is a right to refuse work that presents an imminent danger.
What qualifies as imminent danger
Imminent danger means a danger that is not normal for the job and that could cause serious injury or illness before the hazard can be corrected through normal OHS processes. The worker must have reasonable grounds to believe the danger exists.
Routine hazards that are part of the normal job — and that are controlled through standard procedures and PPE — do not qualify as imminent danger. The right to refuse is for situations where the hazard is unusual, unexpected, or out of control.
The refusal process
When a worker refuses unsafe work, they must immediately report the refusal to their supervisor. The supervisor must investigate the situation and either correct the hazard or explain why they believe no imminent danger exists.
If the worker is not satisfied with the supervisor's response, they can contact Alberta OHS. An OHS officer will investigate and make a determination. During the investigation, the worker remains at the worksite (unless the danger requires evacuation) and continues to be paid.
Employer obligations
Employers cannot discipline, threaten, intimidate, or penalize a worker for exercising their right to refuse unsafe work. Doing so is a violation of the Alberta OHS Act and can result in significant penalties.
Employers must investigate every work refusal seriously and document the investigation. A pattern of dismissing work refusals without investigation is a significant red flag in an OHS inspection or COR audit.
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