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 work refusal process, as outlined by the Occupational Health and Safety Act (OHSA) 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 there is a Multi-workplace Joint Health and Safety Committee (MJHSC), a worker member of the MJHSC or a Designated Worker (DW) shall be notified and attend without delay. An HSW representative shall also be notified and attend. Designated workers and the MJHSC worker member will be selected based on their knowledge of the relevant topic, issue or work location; availability to respond promptly; and accessibility to attend the location or investigation as required. The investigation is led by the Supervisor in the presence of the Worker and the MJHSC worker member or DW.
• For the Ridgetown Campus and Research Stations, a JHSC worker member or Health and Safety Representative shall be notified and attend without delay. An HSW representative shall also be notified and may attend. The investigation is led by the Supervisor, in the presence of the Worker and JHSC worker member or Health and Safety Representative.
• If unsafe conditions exist, the Supervisor must resolve the unsafe condition and communicate the changes to the Worker and all parties involved. The Supervisor then documents the investigation and resolution and provides a copy to HSW. See Work Refusal Stage 1: Internal Investigation – Documentation.

Stage 2 details: 

• For the Guelph Campus, HSW or the Worker contacts the MLITSD for further investigation. For Ridgetown Campus and Research Stations, the Supervisor consults HSW. The Supervisor, Worker or HSW contacts the MLITSD. 
• The work refusal decision is provided by the MLITSD in writing. The Supervisor will make corrections if required.