Q: I work outdoors and despite the temperature reaching more than 40 C with the humidex, my job remained open. Can I refuse to work in a heat wave without compromising my job if I’m worried about my health?
A: In Ontario, most employees have the right to refuse work if they believe the conditions are a threat to their health or safety.
While provincial legislation does not set specific maximum or minimum outdoor temperature thresholds for outdoor workplaces, all workplaces across Ontario are required to provide a safe work environment for their employees.
This means for those working outdoors their employers would be required to adjust and provide more breaks and rest opportunities.
Some employers in certain fields (such as construction) may provide water and adjust workloads according to the weather.
Others may opt to shut down operations until the harsh weather conditions pass.
Limitations to the right to refuse work
Ontario’s Occupational Health and Safety Act (OHSA) limits certain workers in specific fields from refusing work in certain scenarios.
• members of a police service;
• correctional institution/facility workers (for adults or youth);
• employees at hospitals, long-term-care homes, psychiatric institutions, and mental health or rehabilitation centres;
• employees at group homes;
• ambulance or first aid clinic workers;
• workers who are employed at laboratories operated by the Crown;
• laundry, power plant, technical, or food service workers at a correctional facility.
OHSA outlines that these workers cannot refuse work because of dangerous equipment, machines, devices, etc., if they are an expected condition of their job. They also cannot refuse work if the physical condition of the workplace is inherently dangerous or if violence may occur.
Lastly, the employees in fields outlined above may not refuse work if their refusal would endanger the life or health and safety of another individual.
If your circumstances do not apply to these limitations, you have more flexibility to refuse work.
How to report refusal to work
Immediately explain to your manager or supervisor the reason you believe your workplace circumstances are a threat to your health or safety and document this interaction.
OHSA states that it is on them to investigate your claim while you are present.
A committee member, health and safety representative, or a union representative may also be present if such a role exists at your company.
Until the investigation is complete, you are to stay in a safe location near your workstation and be available.
If you believe that the physical condition of your workplace is still a threat even after the investigation or the steps taken to address your concerns were not satisfactory, you may continue to refuse to work and your employer should then contact the Ministry of Labour to conduct an investigation.
They will then investigate and decide if the conditions outlined were dangerous.
Pending the results of the investigation, you are not required to continue to work in the same scenario that is being examined.
An employer is still required to compensate the employee throughout the investigation process.
Key takeaway
Your employer cannot penalize or terminate you for refusing work that is dangerous to your health or safety.
