The Right of Refusal applies to all Quebec employees

When can you refuse to perform work.

Section 12 of the ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY, recognizes that workers have the right to refuse to perform work if they have reasonable grounds for believing that the performance of the work would endanger their health, safety or physical well-being, or expose others to a similar danger.

You may not be dismissed because you exercised your Right of Refusal. The employer will continue to paid you, and may in no way penalized or punished you. If the employer feels that you abused the right, they are responsible for proving that this is the case.

The concept of risk in the workplace is not just about physical health. It is possible to exercise a right of refusal on the grounds that the mental health of a worker is danger. (Forget Chagnon & Marché Bel-Air Inc.  2000 CLP 388)

You may not exercise this right, however, if the refusal to perform the work puts the life, health, safety or physical well-being of another person in immediate danger (example, a firefighter on duty). 

How do you exercise your Right of Refusal.

• You must immediately notify your superior (or an employer representative), indicating the reasons for the refusal to work.
• You must remain on the work premises, to perform any other tasks that may be necessary.

In certain situations, an employer can ask another worker to replace the worker who is exercising his or her right to refuse to work. In such a case, the employer must inform the replacement worker of the other worker’s refusal to work and the grounds thereof. This worker may then accept or refuse to perform the work in question.

What the employer needs to do after your refusal.

• The employer convokes your union representative to assess the situation, to propose solutions, and take any necessary corrective measures.

“The miracle of the seed and the soil is not available by affirmation; it is only available by labor.”

Jim Rohn

If there is no agreement between employer and union

• If the employer and your representative do not agree as to the hazard or a given solution, they can ask that a CNESST inspector intervene.
• If you continue to believe there is a hazard, you can uphold your refusal to work and request the intervention of a CNESST inspector. (514-906-3000 #1)
• The CNESST inspector shall determine immediately whether or not a danger exists that would justify your refusal to work.
• The inspector’s decision is effective immediately and must be respected even if the parties do not agree with it.
• The employer, your representative, or you have the option of requesting that the CNESST review the decision in question.

More information on the Right of Refusal can be found in Articles 12 – 31 of the ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY

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