Right to refuse to perform a dangerous task

A worker may refuse to perform a task if they believe that this task poses a danger to their safety or that of others.

In such a case, the worker must immediately inform their supervisor or employer’s representative, explaining why they consider this task to be risky. During that time, the worker must remain at the work site, available to perform other tasks.

The employer, the worker, and their representative (health and safety representative, union representative or the person designated by the worker who is exercising their right of refusal) must propose measures and make corrections to resolve the problem together.

Intervention by an occupational health and safety inspector

If a satisfactory solution is not found, they may ask a CNESST inspector (in French only) to intervene. In that case, the role of the occupational health and safety inspector is to assess the situation and danger mentioned by the worker, and decide whether the refusal is justified. The “Cadre d’intervention en prévention-inspection : Droit de refus” (in French only) provides a detailed description of the intervention carried out by an inspector.

In making their decision, the inspector consults the parties concerned, reviews the file, and consults all the information made available to them. Their decision takes effect immediately, and must be complied with even if the employer or the worker disagrees with it. The employer or the worker may file an application for a review of the decision with the CNESST.

Replacement of a worker who refuses a task

An employer may ask someone else to replace a person who refuses to perform a task only if:

the employer and the health and safety representative believe that the refusal is not warranted; or
the employer and the health and safety representative believe that the refusal is warranted only in the worker’s specific case.

The replacement must be informed of the worker's refusal to perform the task, and the person may then agree or refuse to perform the work.

Exceptions to the right to refuse

Despite these rules, a person may not refuse to perform a task if:

their refusal immediately endangers the life, health or safety of other people; or
the conditions are normal for the performance of the type of task in the context of their work

Forms and publications

Cadre d'intervention en prévention-inspection : droit de refus (Document d’information)

Laws and regulations

Loi sur la santé et la sécurité du travail (LSST)

Frequently asked questions

Is the right to refuse to work because the worker was not informed of the work schedule 5 days in advance excluded in some sectors of activity?

No. The nature of the worker’s duties determine whether or not they have the right to refuse to work, not the employer’s sector of activity. For example, in a snow removal company, a receptionist would have the right to refuse to work because she was not informed of her schedule 5 days in advance. However, her snow removal operator coworker could not refuse for this reason because of the nature of his work.