The law gives workers the right to refuse work that they believe is likely to endanger them or another worker. This checklist is designed to help members who are considering a work refusal. It will help members determine if the protections required by law are in place to keep them safe from workplace violence.
The law requires your employer to take every precaution reasonable for the safety of a worker. If you answered “no” to any of these questions, remember that you have the right to refuse if you have reason to believe unsafe work is likely to endanger you.
Question | Yes | No |
Notification of risk: Has school administration provided you with information about the possibility of encountering someone with a history of violent behaviour from whom you may experience injury? (through the sharing of information from safety plans) | ||
Risk reassessment: Has your administrator/board assessed the risk of workplace violence in your school this year? Has the risk of workplace violence been reassessed when there are changes or significant events? | ||
Effective safety plans: Have safety plans been developed for students whose behaviour poses a risk to your safety? Does following the existing safety plan protect you? | ||
Summoning immediate assistance: Have you been provided with the tools and specific plans to summon assistance in various circumstances? Does assistance arrive quickly? | ||
Reporting violent incidents: Have you been trained on how to submit online violent incident reports? Does your administrator ensure that all incidents are reported? Are summary reports of violent incidents shared with your health and safety committee? | ||
Responding to violent incidents: When you report violent incidents, does your administrator acknowledge the report, investigate, and take steps to prevent a recurrence? | ||
Staffing: Are there enough trained staff to support students to prevent escalations and follow safety plans? Are contingency plans in place in the event of an absence so that roles in safety plans and emergency plans are filled by other trained staff? | ||
Resources: Are all measures and procedures in place to control the risk of workplace violence such as adequate facilities, equipment, and student programming? | ||
Training: Have you and those around you been trained in the de-escalation of student incidents? Do you have the training to carry out any responsibilities in a safety plan? | ||
Personal Protective Equipment (PPE): Have you been provided with appropriate and adequate PPE to protect you from injury from violence? Is it checked and cleaned regularly? Have you been instructed on its care, use and limitations? | ||
Psychosocial impact: Are you kept safe from chronic or traumatic mental stress injuries due to violence? |
More information is available: Your Rights & Your Employer’s Duties and You Have the Right to Refuse Unsafe Work. You are protected against reprisals for exercising your rights under the Occupational Health and Safety Act (OHSA). If you have questions or need support, contact your local ETFO office and your health and safety worker representative.
How can health and safety issues be addressed besides a work refusal? If you have any concerns about your health and safety, you can:
Speak to your supervisor.
Speak to your health and safety representative.
Speak to your ETFO local.
Make a complaint to the Ministry of Labour.
What if my concerns are not addressed or the concern must be addressed quickly?
Stage 1: If you have a reason to believe your work is likely to endanger you or another worker, you can tell your supervisor you are refusing (or intend to refuse) unsafe work under Section 43 of OHSA.
Note: Teachers must first ensure that students are not in imminent jeopardy.
You must be at, or come to, the workplace.
Your worker health and safety representative will be called to participate.
The supervisor investigates and may be able to resolve your concerns.
What if I still have reasonable grounds to believe it’s unsafe? •
Stage 2: A Ministry of Labour inspector will be contacted for an investigation.
You may be temporarily assigned alternative work.
Anyone doing the refused work must be informed of the refusal.
What are the possible outcomes?
The inspector will provide a written decision that will be posted.
They may order the employer to take actions or make recommendations.
If they deem the work to be safe, you will return to work.
Appeals can be made to the Ontario Labour Relations Board within 30 days.
Can I get in trouble?
It is against the law for a worker to be punished for exercising their right to refuse work they believe is unsafe.