Right to refuse or stop work where health or safety in danger
All employees have the right to refuse work when they have reason to believe their health and safety is in danger within the workplace. However, in the education sphere, there is an important restriction on principals, vice-principals and teachers’ right to refuse work. A teacher (including a principal/vice-principal) cannot refuse work where the life, health or safety of a pupil is in imminent jeopardy. In contrast there is no such restriction on EA, or ECE’s right to refuse work.
OHSA is quite specific about the requirements to be followed when a worker indicates they are refusing to work. If a worker indicates they are refusing to work, the principal/supervisor needs to determine if the refusal meets one of the criterion defined by section 43(3) of the Act.
A worker may refuse to work or do particular work if he or she has reason to believe that
- any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker
- the physical condition of the workplace or part thereof in which he or she works or is to work is likely to endanger himself or herself
- workplace violence is likely to endanger himself or herself
- any equipment, machine, device or thing the worker is to use or operate or the physical condition of the workplace or part thereof in which he or she works is in contravention of the OHSA or the regulations and as such the contravention is likely to endanger himself or herself or another worker.
Steps to Follow: If the nature of the refusal meets these requirements, the principal/supervisor must
- Immediately contact the board’s Health and Safety Office, to indicate a work refusal has been received. The Health and Safety office will contact the appropriate union/federation Health and Safety representative who will investigate along with the board’s Safety Office representative and the principal without delay.
- Notify the superintendent of education.
- Take the necessary steps to ensure the safety of students and employees
- Pending the investigation, the worker [complainant] must stay in a safe place near his or her work station.
If the nature of the work refusal does NOT meet the requirements above in a), b) or c), then this incident does not constitute a legitimate work refusal situation. Call the board’s Health and Safety Office, and the superintendent of education for direction in such circumstances.
Note: Workplace harassment is not a recognized ground upon which an employee may refuse to work as identified in 43(3) (a)(b)(c). However, concerns of this nature still need to be investigated in accordance with OHSA and board procedures.
Any questions about this process should be directed to your board’s health and safety office.
Provide staff with the necessary equipment to use (i.e. support for a special education student, machinery, chemicals, equipment) to comply under the Health and Safety Act.
(Source: Toronto District School Board)