Did you know that under WHMIS (Workplace Hazardous Materials Information System), you have the right to refuse dangerous work? 

But how do you know what counts as “dangerous,” and what should you actually do if you feel unsafe? For many Canadian workers, this policy is a lifeline!

Every year, thousands of Canadians are hurt or made sick by hazardous materials at work.

According to the Association of Workers' Compensation Boards of Canada, more than 277,000 lost-time injuries were reported in 2022 alone. These numbers are a clear reminder that safety is a right.

WHMIS helps workers understand the risks linked to hazardous products and gives them the right to refuse dangerous work under WHMIS.

One of the most important protections under WHMIS and Canadian labour laws is your right to say “no” to work you believe is dangerous to your health or safety. 

Whether it's handling toxic chemicals without proper gear or being asked to clean up a chemical spill without training—your safety matters more than the task at hand.

In this blog, we will break down what this right means, how WHMIS supports it, and what steps to follow if you ever feel unsafe. Knowing your rights isn’t just smart—it could save your life or someone else’s.

What is WHMIS?

WHMIS stands for Workplace Hazardous Materials Information System. It’s Canada’s national system for providing information on the safe use of hazardous products in the workplace. 

WHMIS was first introduced in 1988 and later updated in 2015 to align with the Globally Harmonized System (GHS) of classification and labelling of chemicals.

The main goal of WHMIS is to ensure that employers and workers clearly understand the dangers of the materials they use or may be exposed to. It gives workers the right to know about any chemical or product that could affect their health or safety. 

This includes toxic, flammable, corrosive, or reactive substances found in industries like manufacturing, construction, healthcare, and more.

WHMIS works through three main elements:

• Labels on hazardous products that clearly state the risks and safe handling instructions.
• Safety Data Sheets (SDSs) that provide detailed information about the product’s hazards and how to handle it safely.
• Training and education programs to help workers understand the labels, SDSs, and their legal rights.

By giving workers clear, standardized information, WHMIS helps reduce the risk of injuries, illnesses, and even deaths caused by chemical exposure. 

It also supports a culture of safety where employees are empowered to speak up, ask questions, and refuse unsafe work—making workplaces across Canada safer for everyone.

What Does 'Dangerous Work' Mean?

Under WHMIS and Canadian occupational health and safety laws, dangerous work refers to any task or situation that poses a serious threat to a worker’s health or safety. 

This could include exposure to hazardous substances, working in extreme or unstable conditions, or operating unsafe or malfunctioning equipment. 

If you feel that doing a task could result in injury, illness, or long-term harm, you may have the legal right to refuse that work.

How WHMIS Helps Identify Dangerous Work

WHMIS plays a key role in helping workers recognize when work may be dangerous. Through its labeling system, safety data sheets (SDS), and training, WHMIS makes sure that workers understand:

• What chemicals they are dealing with
• The health and safety risks involved
• How to handle them properly
• What protective equipment is needed
• What to do in case of exposure or emergencies

By law, employers must ensure this information is available and understood by employees before they handle any hazardous materials. This proactive approach is critical in preventing exposure-related injuries or fatalities.

Common Examples of Dangerous Work

Below are some practical examples of what could be considered dangerous work under WHMIS:

Handling Toxic or Corrosive Chemicals

• Working with chemicals like ammonia, chlorine, or sulfuric acid without proper personal protective equipment (PPE).
• Being asked to clean up a chemical spill without proper training or tools.
• Using an unlabelled or incorrectly labelled chemical product.
• Not having access to an SDS for the product being used.

Working with Faulty or Unmaintained Equipment

• Using a damaged forklift, ladder, or power tool that hasn’t been inspected or repaired.
• Performing maintenance on electrical systems without lockout/tagout procedures.
• Being instructed to bypass safety systems or guards on machines to increase speed or output.

Unsafe Physical Work Environments

• Working in confined spaces with poor ventilation and no monitoring of oxygen or toxic gas levels.
• Tasks in extreme temperatures (heat or cold) without proper breaks, hydration, or protective gear.
• Jobs in high-noise environments without hearing protection, especially over prolonged periods.
• Being told to enter a construction site without proper fall protection training.

Lack of Safety Training or Equipment

• Performing hazardous tasks without being trained in safe handling procedures.
• Being denied respirators or gloves when working with known irritants or allergens.
• Not being informed of emergency procedures in case of a spill, fire, or chemical exposure.

Exposure to Reproductive or Carcinogenic Substances

• Working with substances known to cause cancer, birth defects, or other reproductive harm without clear warning or safety protocols.
• Lack of notification that a material has long-term health risks, even if exposure is minimal.

Indicators That Work Might Be Dangerous

To help you decide if your work may be considered dangerous under WHMIS, ask yourself the following:

• Have I been trained on the material or equipment I’m using?
• Is there clear labeling or signage warning me about the risks?
• Do I have access to and understand the Safety Data Sheets?
• Do I have all the required personal protective equipment?
• Is the environment safe, well-ventilated, and free from immediate physical risks?
• Have I noticed symptoms like dizziness, headaches, skin irritation, or breathing difficulty after starting a task?

The answers to these questions indicate the work is unsafe, and you should report your concerns to your supervisor or joint health and safety committee.

When in Doubt, Speak Up

Canadian workplace safety laws support workers who raise concerns or refuse unsafe work in good faith.

WHMIS gives you the knowledge, but it’s up to you to speak up if something feels wrong. You are not required to prove the danger—you only need to believe there is a valid risk to your safety or health.

According to the Canada Labour Code, employers must investigate the concern right away and take steps to address it. While the investigation is happening, you cannot be forced to continue the work or face punishment for your refusal.

Understanding what qualifies as dangerous work under WHMIS helps protect you, your coworkers, and even the public. Remember: no job is worth risking your life.

Your Right to Refuse Dangerous Work Under WHMIS

In Canada, every worker has the right to a safe and healthy workplace. Under WHMIS and provincial or federal Occupational Health and Safety (OHS) laws, workers also have the legal right to refuse dangerous work.

This right applies when there is a reasonable belief that continuing a task could cause serious harm to your health or safety.

While WHMIS itself doesn’t directly give you the right to refuse unsafe work, it plays a key role in helping you recognize dangerous conditions—especially when hazardous materials are involved. WHMIS ensures that workers are informed about:

• What substances they’re handling
• The specific risks associated with those substances
• How to protect themselves through proper procedures and PPE

In provinces like Ontario, this right is protected under Section 43 of the Occupational Health and Safety Act (OHSA). It states that a worker may refuse to work if:

• The equipment, machine, or workplace is likely to endanger the worker or another person
• The work violates health and safety laws
• The worker believes the task presents a danger to their health and safety

Employers are legally obligated to investigate any refusal and address the concerns raised. If the issue is not resolved, it must be escalated to a workplace health and safety committee or a government inspector, depending on the jurisdiction.

When Can You Refuse Work?

You can refuse work when you genuinely believe it puts your health or safety—or that of others—at risk. This applies to many real-world situations that WHMIS aims to help you identify and avoid.

Here are examples of when a worker might justifiably refuse work:

1. Exposure to Toxic Chemicals Without Proper PPE

If you’re asked to handle a substance like chlorine, ammonia, or formaldehyde but are not provided with gloves, goggles, or respiratory protection, you can refuse the task. 

WHMIS requires clear labeling and the availability of Safety Data Sheets (SDS), which outline necessary precautions. If this information or the PPE is missing, it’s unsafe.

2. No Safety Training

Suppose you're asked to clean up a chemical spill or operate a hazardous machine without any training. This is a red flag. 

Under WHMIS, you should be trained not just to identify hazards but to handle them safely. Lack of training can lead to serious injury and justifies refusal.

3. Broken or Faulty Equipment

If a machine is sparking, leaking fluids, missing a safety guard, or has known issues but hasn’t been repaired, you have a right to refuse to use it. Malfunctioning equipment can cause burns, electric shock, amputations, or worse.

4. Poor Ventilation in Confined Spaces

Working in areas with limited airflow—such as basements, tanks, or crawlspaces—without testing the air quality is extremely risky, especially when chemicals are involved. If oxygen levels are unknown or toxic vapours are present, it’s unsafe.

5. Inadequate Emergency Preparedness

If your workplace lacks clear spill response procedures, eyewash stations, or first aid resources, that alone may be grounds to refuse work involving hazardous substances. WHMIS emphasizes emergency planning as a key part of hazard control.

Important Notes

• You must immediately report the dangerous condition to your supervisor or employer.
• An investigation will be conducted right away.
• You may be assigned other tasks while the issue is being reviewed.

If you still feel unsafe after the investigation, you can escalate the matter to your Joint Health and Safety Committee (JHSC) or a provincial/territorial OHS inspector.

Step-by-Step Process for Refusing Dangerous Work

Refusing dangerous work is a legal right in Canada, but there’s a proper procedure that ensures your concerns are handled fairly and safely—for both you and your employer.

Following this process not only protects your health but also ensures the workplace can take corrective action. Here’s a detailed step-by-step guide that every worker should understand.

1. Report the Hazard

The first and most important step is to report the unsafe condition to your supervisor or employer right away. 

According to Canadian labour laws, this must be done as soon as you recognize the danger.

Whether it’s a leaking chemical container, missing safety equipment, or a task you feel unqualified for, you should stop working and inform your manager on the spot.

This initial report starts the formal process and ensures that everyone—from co-workers to supervisors—is aware of the potential danger. 

It’s important to remain calm, explain your concern clearly, and state that you are refusing the task under your right to refuse unsafe work.

2. Document the Situation

Once you've reported the hazard, it’s a good idea to document what you saw, what action you took, and why you believe the work is dangerous. This could include:

• Descriptions of the unsafe condition (e.g., “chemical had no label” or “no gloves provided”)
• Photos or videos (if safe to take)
• Any conversations you had with the supervisor

Having a written record protects you and ensures there’s a clear understanding of the concern. It also helps workplace investigators review your case thoroughly.

3. Investigation

After your report, your employer is legally required to investigate the situation. This usually involves:

• You (the worker who refused the task)
• Your supervisor or manager
• A member of the Joint Health and Safety Committee (JHSC) or a union representative, if applicable

During this investigation, the team will examine the area or task in question and determine if it does indeed pose a danger. 

If the issue can be resolved quickly—such as providing proper PPE or correcting a labeling error—you may return to work safely. 

However, if it’s more serious or there’s disagreement, the matter can be escalated to a provincial or federal health and safety inspector.

4. Alternate Work

While the investigation is ongoing, you cannot be forced to do the refused work, but you may be assigned to a different task. This alternate work must be safe, within your skillset, and not a form of punishment.

This part of the process ensures that productivity isn’t halted unnecessarily, while also respecting your right to avoid potentially hazardous conditions. You are still entitled to your regular wages during this time.

5. Follow-up

Once the investigation is complete, your employer must take appropriate action to resolve the issue and communicate the outcome. This might include:

• Correcting the hazard (e.g., fixing equipment, adding warning labels, providing training)
• Updating procedures
• Ensuring other workers are also informed and protected

If you still believe the work is unsafe after the employer’s response, you can take the matter to the appropriate government health and safety authority. In Ontario, for example, this would be the Ministry of Labour, Immigration, Training and Skills Development.

Employers are legally prohibited from retaliating against workers who exercise their right to refuse unsafe work. This includes termination, demotion, or discipline. If retaliation occurs, it can be reported as a separate violation.

Knowing and following this process protects not only you but your entire team. WHMIS and health and safety laws exist to support a culture where safety concerns are taken seriously, not ignored. 

Consequences of Refusing Dangerous Work

Refusing dangerous work is a powerful right that Canadian workers have under occupational health and safety laws. 

Though WHMIS itself focuses on hazard communication—through labels, safety data sheets (SDSs), and training—it plays a direct role in identifying dangerous conditions that may lead a worker to exercise this right. But what happens after a worker refuses unsafe work?

There are two key consequences to consider: how the worker is protected and how the employer is required to respond. 

Understanding these can give both employees and employers confidence in handling safety concerns the right way.

1. Protecting the Worker

Workers in Canada are legally protected when they refuse work they reasonably believe is unsafe. This protection is outlined in each province’s Occupational Health and Safety Act (OHSA) or equivalent federal legislation, depending on the sector and jurisdiction.

Here’s what that protection includes:

Protection from Retaliation

A worker cannot be fired, disciplined, demoted, or threatened for refusing unsafe work, as long as they follow the correct procedure.

This protection extends to other forms of retaliation such as loss of wages, exclusion from work opportunities, or harassment.

Right to Report Without Fear

Workers can report concerns without needing to “prove” a danger exists. If they reasonably believe the work is unsafe, the refusal is considered valid pending investigation.

Good faith is what matters—not technical expertise.

Right to Remain on Payroll

During the investigation of a refusal, the worker must continue to receive their normal wages and benefits.

Employers may assign alternate work during the investigation, but only if that work is safe and within the worker’s ability.

Right to External Review

If a worker still feels unsafe after an employer’s investigation, they can request an inspection by a provincial or federal OHS officer, who has legal authority to make a binding decision.

These protections exist to encourage a culture of safety, not fear. They ensure that workers are empowered to speak up about hazards without worrying about personal consequences.

2. Addressing Employer Concerns

Employers also have rights and responsibilities when a worker refuses dangerous work. It’s important that they respond immediately, fairly, and in compliance with the law. Here’s how that looks in practice:

Immediate Investigation

Employers must stop the unsafe work task and begin an investigation as soon as a refusal is reported.

The investigation typically includes:

• The refusing worker
• A supervisor or manager
• A health and safety committee member or union rep, if applicable

Corrective Actions Must Be Taken

If the investigation confirms a hazard exists, the employer must take corrective action right away, such as:

• Providing proper PPE
• Fixing or replacing faulty equipment
• Offering additional training
• Improving ventilation or labeling
• Updating procedures and signage

Maintaining Productivity Through Alternate Work

While the issue is under review, employers can assign the refusing worker to safe alternate duties, maintaining both productivity and the worker’s rights.

They may also reassign the original task to another worker, but only after fully informing that worker of the previous refusal and ensuring that the task has been deemed safe.

Documenting the Process

Employers are required to document the refusal, investigation, and resolution. This record-keeping is vital in case of follow-up inspections or legal inquiries.

Consequences for Not Following the Proper Process

Failing to follow the legal steps can have serious consequences for both parties.

For Workers

If a worker refuses unsafe work but does not follow the legal procedure (e.g., walks off the job without notifying anyone), they may face disciplinary action.

It’s crucial to report concerns immediately and participate in the investigation process.

For Employers

Employers who ignore, downplay, or retaliate against a worker’s refusal can face:

• Fines
• Legal action
• Inspections and sanctions from provincial safety regulators

If an unsafe condition leads to injury or illness, employers may also face workers' compensation claims or civil liability.

Employer's Actions to be Taken

When a worker refuses to perform a task because they believe it’s dangerous, Canadian law requires employers to act immediately and responsibly. 

Refusing unsafe work is a right protected under each province's Occupational Health and Safety Act (OHSA) and supported by WHMIS, which ensures workers have the information they need to identify hazards in the first place.

The role of the employer is crucial—not only in investigating the concern but also in maintaining a safe and fair workplace environment. 

Immediate Investigation After Refusal

Once an employee refuses dangerous work, the employer must launch an investigation without delay. Ignoring the concern or postponing the process is a violation of the law and can result in penalties or legal action.

Steps for Initial Investigation

• Stop the work task immediately. No one should be asked to continue the task until the hazard has been reviewed.
• Visit the site of the reported danger. Examine the specific tools, substances, or environments involved.
• Listen to the worker’s concerns. Ask for a clear explanation of what made them feel unsafe.
• Check records and documentation. Look at training logs, safety data sheets (SDSs), equipment inspection reports, and incident histories.
• Assess compliance with WHMIS. Verify whether the hazardous material involved is properly labeled, documented, and safely handled as per WHMIS standards.
• Determine if a real risk exists. Use the facts to decide whether the task poses a reasonable threat to health or safety.

If the issue is found to be valid, the employer must move to corrective action. If not, the process moves to the next stage involving a government health and safety officer (discussed below).

Taking Corrective Measures

If the investigation confirms that the work is indeed dangerous, the employer is legally bound to correct the issue before the task can resume.

The steps taken will vary depending on the nature of the hazard, but must be done in a timely and transparent manner.

Possible Employer Actions

• Provide missing personal protective equipment (PPE) such as gloves, goggles, or respirators
• Fix or replace faulty machinery or tools immediately
• Label and store hazardous materials properly as per WHMIS guidelines
• Improve workplace conditions, such as ventilation, lighting, or noise protection
• Offer or update safety training for all affected employees
• Create or revise emergency protocols, especially if none existed previously

Once the hazard is mitigated, the worker can be asked to resume the original task, provided it has been deemed safe.

If the Worker Still Believes the Work is Unsafe

In some cases, the employer may believe the issue has been resolved, but the worker still refuses the task, feeling the danger remains. When this happens, the employer must escalate the situation to a government health and safety officer or inspector.

Next Steps

Contact the provincial or federal OHS authority (e.g., Ontario’s Ministry of Labour)

Cooperate with the inspection by providing all documentation, including:

• Investigation notes
• WHMIS records
• Safety Data Sheets (SDSs)
• Training logs
• Maintenance reports

The inspector will then conduct an independent review and issue a final decision:

• If the work is unsafe, they may issue a stop-work order until the problem is resolved.
• If the work is deemed safe, the employee must either resume the task or may be reassigned.

Employer Responsibilities Beyond the Investigation

Addressing the immediate concern is important, but employers also have ongoing duties to prevent similar incidents in the future.

Long-Term Responsibilities

• Review workplace policies and update them to reflect lessons learned.
• Conduct a broader risk assessment of similar jobs or departments.
• Communicate outcomes of the investigation to all staff, especially if the task is common across the team.
• Reinforce the importance of WHMIS training and ensure all employees understand how to read labels and use SDSs.

Legal Compliance

Failing to respond properly to a work refusal can result in:

• Fines or penalties from safety regulators
• Increased scrutiny during audits or future incidents
• Legal liability if someone is injured as a result of an ignored hazard
• Reputational damage and potential loss of worker trust

Employers are not only expected to act—they are legally required to protect workers and address their safety concerns without delay. 

A fast, transparent, and fair response to work refusals benefits everyone: workers stay safe, businesses avoid legal trouble, and workplace culture becomes stronger and more respectful

Committee’s Role in Investigations

When a worker refuses dangerous work, the workplace health and safety committee—or a designated worker health and safety representative in smaller workplaces—plays a critical role in the investigation process. 

Their involvement ensures that the matter is examined fairly and that the worker’s safety concerns are evaluated independently of management. This step adds a layer of transparency and helps maintain trust in the workplace safety process.

Canadian labour laws, including provincial Occupational Health and Safety Acts and the Canada Labour Code (for federally regulated sectors), recognize the committee’s or representative’s role as a neutral party in assessing safety concerns.

The Role of the Committee or Safety Representative

The health and safety committee consists of employer and worker representatives who work together to identify and resolve workplace hazards. In companies with fewer than 20 employees, a health and safety representative performs this role instead.

Key Responsibilities

• Attend the initial investigation of the refusal alongside the worker and supervisor.
• Listen to the worker’s explanation and observe the conditions first-hand.
• Review relevant WHMIS documentation such as Safety Data Sheets (SDSs), training records, and chemical labeling.
• Assess whether safety procedures were followed according to WHMIS and the Occupational Health and Safety Act.
• Help determine whether a real hazard exists, offering an impartial opinion on whether the task should proceed.

The committee ensures that all parties follow due process and that the worker’s concerns are taken seriously, not dismissed without proper review.

How the Committee Assesses Risk

The committee must evaluate the situation based on facts, not assumptions. They work closely with both the employer and the employee to identify:

• Whether the conditions meet the legal definition of “dangerous work”
• If the hazard involves chemical exposure, whether proper WHMIS elements (labels, PPE, SDSs) were in place
• If the worker was trained to do the task safely
• Whether controls and procedures are adequate and being followed

Steps Typically Taken by the Committee

• Inspect the task, equipment, or material involved
• Ask clarifying questions to both worker and supervisor
• Request any missing documentation, including risk assessments or recent safety audits
• Determine if the issue is procedural (e.g., missing training) or physical (e.g., faulty equipment or chemical hazard)

If the committee determines that the work is indeed unsafe, they will recommend corrective actions and advise the employer not to resume the task until the hazard is addressed.

Intervention When Resolution Is Not Reached

If the employer insists the work is safe but the committee agrees with the worker, or if the committee’s recommendations are ignored, the matter must be escalated. The committee can request a government health and safety officer to conduct a third-party investigation.

In such cases:

• The committee documents the investigation results and explains why the concern remains unresolved.
• The government inspector will make the final call—either confirming the work is safe or issuing a stop-work order until corrective action is taken.

Committees also have the authority to recommend policy changes or additional safety training to prevent similar refusals in the future. Their findings can prompt long-term improvements across the organization.

The involvement of a health and safety committee ensures that no one is left to deal with safety concerns alone. Their independent viewpoint helps protect workers from pressure or bias and ensures that refusals are evaluated fairly and legally. 

How to Handle Continued Work Refusals by Employees

In some cases, even after an employer has completed a workplace investigation and taken corrective steps, an employee may still refuse to return to work. 

This ongoing refusal can be challenging to manage, but it’s important to understand that continued refusals are also protected by law, provided the worker still reasonably believes there is a danger.

Canadian occupational health and safety legislation outlines a formal escalation process to ensure fairness, transparency, and legal compliance for both employees and employers.

WHMIS program in the workplace play a supporting role by equipping workers with knowledge about hazardous materials—helping them make informed decisions about what constitutes a safety risk.

What Happens After an Initial Investigation?

If a worker continues to refuse the task after the employer’s internal investigation has concluded, the next step is escalation to a government health and safety officer or inspector.

At this point, the matter is no longer just between the worker and the employer—it becomes a regulatory issue.

Immediate Steps

The employer must contact the appropriate occupational health and safety authority (provincial or federal) and request an inspection.

The refusing employee must remain at the workplace, either reassigned to alternate safe duties or on standby, while the inspection is pending.

Role of External Safety Officers, Unions, and Mediation

Once involved, a government health and safety officer will visit the site to conduct an independent review.

Responsibilities of the Safety Officer

• Inspect the task, area, or equipment in question
• Interview the worker, employer, and witnesses
• Review documents related to training, WHMIS, and hazard controls
• Assess whether the task poses a real and immediate danger

The officer will then issue one of two decisions:

• The work is dangerous – A stop-work order will be issued, and the task must not resume until the hazard is corrected.
• The work is not dangerous – The worker must return to their regular duties or face potential disciplinary measures if they continue to refuse without justification.

Union Involvement

If the worker is unionized, a union representative may be part of the escalation process. They can:

• Support the worker in presenting their case
• Assist in interpreting OHS and WHMIS regulations
• Act as a liaison between the employee and employer
• Help facilitate mediation or grievance resolution, if necessary

Mediation

In some jurisdictions or workplaces, mediation may be offered as a way to resolve prolonged disagreements without resorting to legal action. A neutral third party helps both sides reach a resolution that prioritizes safety and avoids conflict.

Consequences for Unresolved Refusals

If the refusal continues beyond a safety officer’s ruling, consequences may follow—for both the worker and the employer, depending on the situation.

For Employees

If the task is deemed safe and the worker continues to refuse without new evidence or justification, the employer may take disciplinary action, including:

• Formal warnings
• Temporary suspension
• In extreme cases, termination (though rare and only legal if all procedures were correctly followed)

However, no discipline is allowed if the worker acted in good faith and followed the proper procedure, even if the concern turned out to be unfounded.

For Employers

If the safety officer finds that the work was indeed dangerous, the employer could face:

• Stop-work orders
• Fines or penalties
• Legal consequences under provincial or federal law
• Reputational damage and strained labour relations

Employers also risk liability if they:

• Retaliate against the worker
• Fail to escalate the matter to authorities
• Do not follow WHMIS or OHS requirements

Continued refusals to work after an employer’s investigation must be handled through proper legal channels, not ignored or punished hastily. 

WHMIS training ensures that workers are better equipped to recognize and report hazards, but it’s the structured investigation and escalation process that brings resolution.

By involving external safety officers, unions, and—if necessary—mediators, workplaces can ensure that safety concerns are addressed fairly, lawfully, and constructively for all involved.

Examples of Real-Life Refusal of Dangerous Work Cases

Real-life examples of work refusals help highlight why this right is so important and how it plays a key role in preventing injuries, improving safety policies, and saving lives. 

Across Canada, workers from various sectors—including construction, healthcare, and manufacturing—have exercised their right to refuse unsafe tasks. 

These cases demonstrate that refusal is not about avoiding work, but about demanding a safe environment.

Case 1 – Chemical Spill in a Manufacturing Plant (Ontario)

In 2021, a worker at a manufacturing facility in Ontario refused to clean up a chemical spill involving an unidentified liquid that had leaked from a container. 

The product had no label, and the Safety Data Sheet (SDS) could not be located. The supervisor initially told the worker to "just mop it up."

How It Was Handled

• The worker exercised their right to refuse work under the Ontario Occupational Health and Safety Act.
• A health and safety committee member was brought in, and the employer contacted the Ministry of Labour.
• The inspector confirmed the product was hazardous and required protective gear and cleanup procedures.

Outcome

The company was issued a stop-work order and a fine for failing to comply with WHMIS requirements.

WHMIS training was retrained for all workers, and proper labelling procedures were enforced.

Case 2 – Nurses Refusing Unsafe COVID-19 Conditions (British Columbia)

During the early months of the COVID-19 pandemic, nurses in a BC long-term care home refused to work when they were told to care for infected patients without N95 masks or face shields.

How It Was Handled

• The nurses reported their refusal based on exposure to airborne biological hazards.
• The employer insisted surgical masks were enough, but the BC Nurses' Union supported the workers.
• WorkSafeBC was called to investigate.

Outcome

• The refusal led to new PPE policies across the facility and better infection control training.
• The incident helped drive broader reforms in healthcare safety standards during the pandemic.

Case 3 – Construction Workers Refusing to Enter Unshored Trench (Alberta)

A crew of construction workers in Alberta refused to enter a deep trench that lacked proper shoring or protective barriers. They cited concerns about a potential trench collapse, a known cause of fatal injuries in the industry.

How It Was Handled

• The workers followed correct refusal procedures and reported the condition to their supervisor.
• The employer temporarily halted the work, and Alberta OHS inspectors were contacted.
• The inspector confirmed the trench did not meet safety standards.

Outcome

• The company was ordered to install trench boxes before resuming work.
• No one was injured, and the refusal led to new company-wide training on excavation hazards.

Lessons from These Cases

These examples highlight several key points:

Common Hazards Involved

• Chemical exposure without labeling or PPE
• Biological hazards (e.g., COVID-19) without adequate protection
• Structural dangers, such as unstable trenches or faulty equipment

The Role of Workers

Workers were able to identify the danger because they understood WHMIS or had relevant safety training.

• Each worker followed the legal process for refusing work and reported the hazard properly.
• Their actions prevented potential injuries or deaths and led to long-term safety improvements.

Impact on Employers

Employers had to update their safety policies, conduct additional training, and sometimes pay fines for non-compliance.

Most importantly, these refusals created a culture of awareness, where both management and workers took safety more seriously.

These real-life cases show that refusing dangerous work isn’t just a right—it’s a responsibility. When workers speak up, they help prevent harm, protect their peers, and push employers toward safer practices. 

WHMIS plays a crucial role by giving workers the tools to understand and recognize risks before they turn into emergencies.

Conclusion

Every worker in Canada has the legal right to refuse dangerous work under WHMIS, but it’s essential to follow the proper steps when exercising that right. 

Whether it’s handling a hazardous chemical, operating unsafe equipment, or working without proper training, no one should be put at risk on the job.

WHMIS provides the foundation for recognizing and understanding workplace hazards, especially those involving hazardous materials. But knowing your rights is only part of the solution—using those rights correctly matters just as much. 

Workers must report the issue immediately, stay involved during the investigation, and allow the process to unfold according to provincial or federal health and safety laws. 

Skipping steps or walking off the job without notice can lead to confusion or even disciplinary action.

Employers, health and safety committees, and government inspectors are all part of the system designed to protect you. 

If everyone follows the process, work refusals can lead to safer practices, better training, and a stronger safety culture across industries.

If you ever feel unsafe at work, speak up. Know the steps. Know your rights. And don’t hesitate to act!