Right to Refuse Work

As an employee in Nova Scotia, you have the right to refuse work that you honestly believe to be unsafe (i.e., likely to endanger your health or safety or the health or safety of others). The employer cannot deduct your pay, discipline or punish you, or otherwise discriminate against you for exercising your right to refuse unsafe work.

The rights and protections relating to work refusal are set out in sections 43-46 of the Occupational Health and Safety Act.

• You are entitled to refuse work if you have reasonable grounds (i.e., an honest belief) that the work is likely to endanger your health or safety or the health or safety of others.
• The right to refuse work applies only to health and safety issues.
• You may refuse work if you honestly believe that your workplace does not offer adequate protection against exposure to COVID-19.

The Occupational Health and Safety Act prescribes a three-step process for exercising your right to refuse unsafe work. These steps are explained below.

Step 1: Report to Supervisor

• Contact your supervisor and report that you are exercising your right to refuse unsafe work under section 43 of the Occupational Health and Safety Act.
  • Put your report into writing and keep a copy for your records.
  • Keep your report as short and clear as possible.

  Step 2: Report to the Joint Occupational Health and Safety Committee

  • If your supervisor is unable or unwilling to remedy the situation to your satisfaction, report to the Joint Occupational Health and Safety Committee (“JOHSC”) that you are maintaining your work refusal under section 43 of the Occupational Health and Safety Act.
    • Put your report into writing and keep a copy for your records.
    • Keep your report as short and clear as possible.

    Step 3: Report to the Department of Labour

    • If the JOHSC is unable to remedy the situation to your satisfaction, report to the Department of Labour that you are maintaining your work refusal under section 43 of the Occupational Health and Safety Act.
      • Contact the Department of Labour in writing (email or fax) and keep a copy for your records.
      • Inform the Department of Labour that you have previously reported the work refusal to your supervisor and the workplace JOHSC.
      • Keep your report as short and clear as possible.

      Your Rights During a Work Refusal

      Once you began Step 1 and until you have completed Step 3:

      • the employer cannot force you to do the work that you have refused;
      • the employer is allowed to assign you different work;
      • the employer is legally required to pay you your normal wages regardless of whether you are assigned different work;
      • the employer can assign the work you refused to someone else, but must inform that employee that someone refused the work because they believed it to be unsafe; and
      • the employer is prohibited from disciplining or punishing you or taking any other discriminatory action against you.

      If you feel your employer is not respecting your rights, document everything, and contact your CUPE 3912 Vice President (VP).

      Further Reviews and Appeals

      The Department of Labour’s decision is subject to further reviews and appeals (e.g., under sections 67-69 Occupational Health and Safety Act); however, those procedures are beyond the scope of this guide.

      Additional Resources

      • How to Refuse Unsafe Work, by the Office of the Worker Counsellor.
      • Right to Refuse, by NSNU (Nova Scotia Nurses Union)
      • COVID-19 and the right to refuse unsafe work, CUPE National
      • Province of Nova Scotia

      CUPE 3912 recognizes the traditional treaty territory of Mi’kma’ki. We honour the Indigenous peoples whose territory we reside on, and who have been living on and caring for these lands. We acknowledge the painful history that has brought us to reside on the land, and seek to understand our place within that history as partners and allies of all Indigenous people. Many CUPE 3912 members are beneficiaries of ongoing colonialism in our relationships, systems, and institutions. We all have been privileged to build a life here in Mi’kma’ki, the ancestral and unceded land of the Mi’kmaw People.