Can i refuse to do dangerous work?
Short answer
In Quebec, a person has the right to refuse to perform work if they have reasonable grounds to believe that performing it would expose them to a danger to their health, safety or physical or psychological integrity, or could expose another person to a similar danger (s. 12 of the Act respecting occupational health and safety).
In detail
Two limits frame that right (s. 13). It cannot be exercised if the refusal puts the life, health, safety or physical integrity of another person in immediate danger, or if the conditions under which the work is performed are normal for that kind of work.
Procedure matters. The person must immediately notify their immediate superior, the employer or a representative, and inform the union representative or the health and safety representative if there is one. If the disagreement continues, a CNESST inspector is called in and determines whether there is a danger that justifies the refusal. The inspector's decision takes effect immediately.
While the right of refusal is being exercised, the person keeps their wages and benefits. The employer cannot penalize them for having exercised it; a complaint is possible if there are reprisals.
What to document
The exact time of the refusal, the danger you observed and why, who you reported it to and at what time, the people who were present, photos or the condition of the equipment, the inspector's visit and their decision, and any step taken against you afterwards. The hour-by-hour sequence of the day is what can best be reconstructed, provided it is written down on the spot.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Act respecting occupational health and safety (CQLR, c. S-2.1) — Légis Québec
- CNESST — The right to refuse to work (PDF)
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.