Work Refusal Process

University of Guelph Workers have the right to refuse work that they believe is likely to endanger themselves or another. In such cases the worker must report the reason for the work refusal to his/her Supervisor and the Occupational Health and Safety Act (OHSA) Work Refusal Process must be followed. 

No reprisals are allowed to be taken against any worker for exercising his or her rights under the Occupational Health & Safety Act (OHSA).  This includes a workers’ right to refuse unsafe work. 

Employees and Supervisors must distinguish this process for “OHSA Work Refusals” from the daily practice of recognition, reporting and correcting for workplace safety concerns and hazards. 

Figure 1: Flow Chart of Work Refusal Process under the OHSA

Stage 1 details: 

• For the Guelph Campus where no LJHSC exists, EHS will notify the designated worker member of the Central Joint Health and Safety Committee (CJHSC). 
• For the Guelph Campus the investigation is led jointly by the Supervisor and EHS. For the Ridgetown Campus and Research Stations, the investigation is led by the Supervisor in consultation with EHS. 
• If unsafe conditions exist, the Supervisor must resolve the unsafe conditions and communicate the changes to the worker and all parties involved. The supervisor then documents the investigation and resolution and provides a copy to EHS. 

Stage 2 details: 

• For the Guelph Campus EHS contacts the MLITSD for further investigation. For Ridgetown Campus and Research Stations the Supervisor contacts the MLITSD in consultation with EHS. 
• The work refusal process and resolution are documented and any notice received from the MLITSD processed as required.