When may a worker refuse work under the OHSA?
JHSC Part One overview
JHSC Part One: Worker rights: know, participate, refuse
The right to know, the right to participate and the right to refuse unsafe work, the two-stage work refusal process, and protection from reprisals.
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Study reference: Ontario JHSC Part One sources (Oct 2026), Ch. 4 Worker rights — OHSA ss. 25, 28, 43, 50; O. Reg. 297/13 s. 1; JHSC guide, Work refusals
All 14 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
When may a worker refuse work under the OHSA?
- Only if the JHSC has voted in advance to allow a refusal
- Only after an inspector has visited and approved the refusal
- When they have reason to believe it is likely to endanger them
- Whenever the work is boring or physically tiring for them
Which group of workers cannot refuse work when the danger is a normal part of their job?
- Police officers and firefighters
- Cashiers and retail workers
- Warehouse and factory workers
- Office clerks and receptionists only
In a reprisal complaint to the Ontario Labour Relations Board, who has the burden of proof?
- The JHSC must prove the facts of what happened at work
- The worker must prove the employer's intent beyond doubt
- The inspector must prove it with a written report first
- The employer must prove it did not act in reprisal
Which is an example of the right to participate?
- Choosing which hazard laws apply to their own workstation only
- Refusing to wear any protective equipment they dislike
- Deciding alone to stop all work in the entire plant
- Serving on the JHSC or as a health and safety representative
Is the worker member who attends a work refusal investigation paid for that time?
- Only if it happens after hours
- Yes, at the regular or premium rate
- Only if the refusal is upheld by an inspector
- No, it is voluntary unpaid time
Which three basic worker rights does Ontario's health and safety system rely on?
- The rights to strike, to sue and to quit at once
- The rights to overtime, to holidays and to bonuses
- The rights to vote, to inspect and to fine employers
- The rights to know, to participate and to refuse
Who must be present during the employer's first-stage investigation of a work refusal?
- The worker's family doctor and a WSIB claims adjudicator
- A ministry inspector and a police officer from the local station
- Only the supervisor and the company's lawyer, behind closed doors
- The worker and a worker member or worker representative
What happens at the second stage of a work refusal?
- An inspector is notified, investigates and gives a written decision
- The worker must return to work while a lawyer reviews the case
- The JHSC votes, and the majority decision is then final and binding
- The employer decides alone, and no one else can review it
While waiting for the inspector, what may an employer do with a refusing worker?
- Order the worker to do the refused task
- Dismiss the worker on the spot
- Suspend the worker without pay
- Assign reasonable alternative work
May the employer assign another worker to the refused work while the inspector's investigation is pending?
- Yes, at any time and without telling the new worker anything about it
- Yes, but only if the new worker signs a waiver of all their legal rights
- No, the work must stay stopped until the end of the next calendar month
- Only after they are told of the refusal, with a worker representative present
Where must a refusing worker stay during the first-stage investigation?
- In the parking lot or car
- At the refused work station
- In a safe place near their work station
- At home, until called back by the supervisor
After refusing, what must the worker do first?
- Go home and wait for a phone call from the employer or union
- Call the police and report the employer for a crime
- Post the reason for the refusal on a public notice board
- Promptly report the circumstances to the employer or supervisor
A worker is disciplined for reporting a hazard to an inspector. What does the OHSA say?
- This is allowed if the hazard was minor
- This is allowed during the probation period
- This is allowed if the union agrees to it
- This is a prohibited reprisal
Which employer duty supports the worker's right to know?
- Posting the company's quarterly profits online
- Paying workers on time every two weeks
- Acquainting workers with hazards in their work
- Allowing workers to choose their supervisor
Worker rights: know, participate, refuse: key rules to remember
Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official chapter ↗
The three rights
- Right to know: employers must tell workers about hazards and give information and instruction (OHSA s. 25(2)(a), (d)); supervisors must advise workers of dangers (s. 27(2)(a)); awareness training and WHMIS (O. Reg. 297/13).
- Right to participate: through the JHSC or health and safety representative, inspections, investigations and reporting hazards.
- Right to refuse: OHSA s. 43.
work refusal
- A worker may refuse work if they have reason to believe equipment they use is likely to endanger them or another worker, the physical condition of the workplace is likely to endanger them, workplace violence is likely to endanger them, or a contravention of the law is likely to endanger them or another worker.
- Some workers (police, firefighters, correctional and some health care workers) cannot refuse when the danger is inherent in their work or a refusal would directly endanger another person.
- Stage one: the worker promptly reports to the employer or supervisor, who investigates at once in the presence of the worker and a worker member of the committee (or the health and safety representative, or a worker chosen by the union or workers). The worker stays in a safe place near their work station.
- Stage two: if the worker still has reasonable grounds, the employer or worker notifies an inspector, who investigates with the parties and gives a written decision. Meanwhile the worker stays in a safe place or does reasonable alternative work.
- Another worker may not be assigned to the refused work unless told of the refusal and reasons in the presence of a worker representative (s. 43(11)).
- Time spent by the worker representative in the investigation is paid work time.
no reprisals
- An employer may not dismiss, discipline, suspend, penalize, intimidate or coerce a worker for acting under the Act, seeking its enforcement or giving evidence.
- The worker may go to arbitration under a collective agreement or file a complaint with the Ontario Labour Relations Board; an inspector may refer the matter with the worker's consent.
- The employer carries the burden of proving it did not act in reprisal.
Study the Worker rights: know, participate, refuse rules as flashcards →
Other topics
- Certification and the internal responsibility systemHow JHSC certification works (Part One, Part Two, refresher, Chief Prevention Officer), what certified members do, and the internal responsibility system behind Ontario's law.
- The OHSA and how the law worksHow the Occupational Health and Safety Act, regulations, standards and guidelines fit together, key sector regulations, enforcement under Part VIII and penalties.
- Duties of the workplace partiesDuties of employers, supervisors, workers, owners, suppliers and corporate directors, the competent person, and the health and safety policy and program.
- When a JHSC is required and how it runsWhich workplaces need a committee or a representative, membership, co-chairs, meetings, minutes, postings, paid time and worker trades committees.
- JHSC powers and recommendationsWhat the committee may do: identify hazards, obtain information, recommend improvements, the employer's 21-day written response, consensus and co-chair recommendations, and inspector visits.
- Certified members and dangerous circumstancesWhat dangerous circumstances are, investigating complaints, bilateral and unilateral work stoppages, cancelling a direction and complaints of reckless use.
- Workplace violence and harassmentLegal definitions, policies, programs, risk assessments, the committee's role, reporting incidents, domestic violence and the Human Rights Code.
- Hazard recognition and categoriesHazard, injury and illness, the six hazard categories, the five contributing factors, states of matter, routes of entry and acute versus chronic effects.
- Workplace inspectionsWho inspects, how often, preparing and doing an inspection, reporting hazards to the committee and other ways to find hazards.
- Hazard assessment and exposure limitsMethods for assessing how serious a hazard is, exposure monitoring, the committee's right to be at the start of testing, and TWA, STEL and ceiling limits.
- Hazard control and evaluating controlsControlling hazards at the source, along the path and at the worker, the hierarchy of controls with examples, qualities of good controls and evaluating them.
- Reporting and investigating incidentsNotices of death, critical injury, lost-time injury and occupational illness, the critical injury definition, preserving the scene, and committee investigations.