A worker’s right to refuse unsafe work is enshrined in Ontario’s Occupational Health and Safety Act (OHSA, Section 43). So is the employer’s duty to investigate the matter and try to resolve it internally. “Resolving a refusal involves controlling the hazardous situation, if present, in a way that removes any dangerous circumstance,” says WSPS Health and Safety Consultant Ted Balazs.

When can a worker refuse to work?

A worker can refuse to work if they have reason to believe that they (or another worker) is likely to be endangered by:

• any machine, equipment, device or thing the worker uses or operates
• the physical condition of the workplace or workstation
• workplace violence
• contraventions of OHSA or its regulations by the employer

What happens when a worker refuses unsafe work?

First stage: The worker immediately tells the supervisor or employer that the work is being refused and explains the circumstances for the refusal.

The supervisor or employer investigates the situation immediately, in the presence of the worker and a worker member of the joint health and safety committee, or alternative (specified in Section 43). The worker who refuses unsafe work remains in a safe place near their workstation until the investigation is completed. If the issue is resolved, the worker goes back to work. If not, the refusal moves to the second stage.

Second stage: Following the investigation or any steps taken to deal with the circumstances of the refusal, if the worker still has reason to believe they are endangered, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) is called in. An MLITSD inspector investigates in the presence of the worker, safety representative and supervisor or management representative. The inspector renders a decision.

How can a work refusal be resolved internally?

Ted offers this example:

A worker is running parts through a washer. The washing fluid contains a chemical, and the worker is concerned that airborne concentrations of the chemical are unsafe. The worker reports the unsafe condition to their supervisor but no action is taken. The worker then initiates a work refusal with their supervisor.

The employer investigates, calling in an occupational hygienist to test the level of the chemical in the air. The hygienist finds the occupational exposure limits (OELs) for the chemical have been exceeded. Working with the hygienist, the employer examines ways to reduce exposure, such as switching to a less hazardous product, improving ventilation, etc.

The employer chooses the best controls and puts them in place, informing the worker. The hygienist retests the level in the air, finds it to be safe, and the matter is resolved. The hygienist provides a written report to the employer.

“Ideally, this is how a work refusal should play out,” says Ted. Too often, though, it doesn’t go this smoothly and an inspector from the MLITSD is called in to resolve the matter.

Ted says that when workplaces are unable to resolve work refusals internally, it’s usually because:

• there is a poor safety culture and Internal Responsibility System (IRS) in the workplace.
• the employer and supervisor don’t know about the worker’s right to refuse as per legislation.
• workers and supervisors have no training on the rights of workers including the right to refuse, or the employer’s responsibility to investigate and resolve concerns.
• communication between the workplace parties is poor (workers, supervisors, employer and joint health and safety committee members).
• investigations are not carried out thoroughly and/or effective controls are not put in place.

Reprisals are prohibited

Section 50 of the OHSA establishes that no reprisals can be taken against workers who exercise their health and safety rights. Employers are prohibited from penalizing, dismissing, disciplining, suspending or threatening a worker who has obeyed or sought enforcement of the OHSA. Ignorance of the law around the right to refuse can sometimes lead employers to take reprisals against the worker for exercising their right, such as reprimands, discipline, or even dismissal. “This is strictly forbidden by law. It will have negative impacts on the workplace culture, and can lead to very hefty fines for the employer,” warns Ted.

8 ways to prevent and manage work refusals

1. Invest in your IRS and safety culture. “Develop a comprehensive health and safety policy, train employees and supervisors about their roles and responsibilities, encourage workers to report hazards and concerns without fear, and identify areas for improvement through regular audits,” says Ted. “Work refusals are much less likely to occur when everyone is working together to prevent injuries and illnesses, when there are open lines of communication, and when worker input is encouraged.”
2. Take action on a reported hazard before it turns into a work refusal. “If the Ministry comes in to resolve a work refusal, they don’t want to hear from the worker that the hazard was reported five times before the work refusal was initiated,” warns Ted. “Supervisors need to thank the worker who reports a hazard, investigate, put controls in place, if needed, and inform the worker of their actions.”
3. Provide workers with training on hazards and controls. “You want your workers to be empowered with knowledge so they can identify and report hazards and fulfill their role in the IRS,” says Ted.
4. Ensure supervisors have good interpersonal skills. “If a worker is afraid to report a hazard to a supervisor because they will be met with disapproval or anger, or know the concern will be dismissed, your IRS cannot function properly,” says Ted.
5. Train workers on the work refusal process. “Education is the key to preventing work refusals,” says Ted. Workers need to understand when they can refuse work, and when they can’t; what constitutes “being endangered” or “dangerous circumstances” as described in Section 44 of the OHSA; and when making a refusal how to articulate why they believe the work is unsafe. “I always recommend that supervisors include work refusal discussions during monthly safety talks.”
6. Train supervisors on the work refusal process. Supervisors need to know how to respond to a worker who is refusing unsafe work, how to elicit information, and how to investigate the work refusal. “The supervisor can’t just say, ‘No, there’s no hazard; go back to work,’” says Ted. “It’s not an arbitrary decision by the supervisor; supervisors must go through the proper procedures and investigate.” When training supervisors, add a practical element, suggests Ted. “Draw up a work refusal scenario and role play.”
7.  Get help during the investigation of a work refusal. “The supervisor needs to determine if a dangerous circumstance,” says Ted. “This might require the skills and knowledge of an internal expert – maintenance, health and safety person, or member of the joint health and safety committee – or an outside expert, such as a hygienist.”
8. Document everything. “Documentation is key to ensuring you have a health and safety management program in place and are able to provide evidence that it is functioning,” advises Ted.

How WSPS can help

Consulting

Connect with a WSPS expert to learn more about how to prevent work refusals and how to handle them if they occur.

Training

• Hazard and Risk: Identify, Assess, Control, and Evaluate (eCourse, 3 hours) 
• JHSC Certification Part 1 (eCourse, 2 days)
• JHSC Certification Part 1 (online, instructor-led, 3 days)
• Safety Health and the Law (online, instructor-led, 1 day)
• Health & Safety Awareness Training (OHSA) – Ontario Workers (eCourse, 1 hour)
• Health & Safety Awareness Training (OHSA) – Ontario Supervisors (eCourse, 1 hour)
• Supervisor Responsibilities & Due Diligence (online, instructor-led, 4 hours)
• The Effective Supervisor – Building Strategies for Success (online, instructor-led, 2 days)
• Workplace Inspection Training eCourse (eCourse, 1 hour)
• Accident & Incident Investigation Online Training (eCourse, self-paced learning)

Free Webinar

• Seasonal Worker Safety 3: Worker Rights and Responsibilities (November 12, 2024) (Virtual Live Online) 

Resources

• Work refusal chart
• Nine suggestions to help avoid work refusals (article
• Hazard Reporting Form
• Template: Hazard Assessment Tool
• Internal Responsibility System (IRS) Primer

Resources for Young Workers

• Young Workers – Refusing unsafe work? Know your rights (video)
• Tips for teens: spotting unsafe work (blog)
• Duties & Responsibilities: Three Basic Rights (poster)

 The information in this article is accurate as of its publication date. 

Businesses across Ontario, large and small, are hiring security guards to help address rising instances of theft, vandalism, and violence. “Businesses often hire security guards because they have been a target of theft and are looking to control losses or they are entering into a new area of business, such as selling alcoholic beverages, and want to protect their employees and their assets,” explains Amanda Gorman, Health and Safety Consultant with WSPS.

Given the increase in theft and violence that business owners are seeing, it’s no surprise that they are taking steps to heighten their security. However, as an employer, there’s quite a lot to consider when security guards join your staff. “First of all, they must be licenced,” says Amanda.  In Ontario, security guards and private investigators must have a valid licence and carry it on them at all times – either a physical copy or a digital copy accessible on their phone. “Whether paper or digital, make sure to get proof of licence before hiring,” says Amanda.

When it comes to hiring, many business owners turn to security agencies to fill these positions. “Hiring or contracting from a security agency is great, but the hiring employer is still responsible for health and safety,” says Amanda. This includes proper orientation and onboarding, training on policies and procedures, and information about hazards specific to the workplace. Amanda recommends starting with a job hazard analysis to ensure that hazards and risks are understood.

“Most employers have a health and safety policy and safe work procedures for the tasks their employees perform,” says Amanda. “When you add a security guard to your staff, it’s a different job with different tasks, so different hazards need to be considered.”  She also points out that when employers hire a security guard, it usually means that they have recognized a new potential hazard in the workplace. So, the possibility of violence related to theft is something that needs to be added to the existing violence risk assessment for all employees, if it has not been addressed already.

5 hazards to address for security guards

Before the start of their first shift, you need to complete a detailed health and safety orientation with new security guards. “The orientation is not limited to their workstation. Security guards need a full tour of the facility—inside and outside—along with information on the hazards associated with each area,” says Amanda. As you complete a job hazard analysis, keep these hazards in mind.

1. Working alone—An established check-in procedure is vital for protecting any employee who works alone, including a security guard overseeing your premises after-hours. Have a plan for regular contact and a procedure outlining what happens when contact does not occur when expected.
2. Violence—All guards should be given a copy of your organization’s Violence Risk Assessment. This will help ensure that guards are aware of known violence risks and are able to make informed decisions about safety and changes in security posture. If an incident occurs, security guards may be pulled in several directions and will often have to make quick decisions. Clear policies and procedures on workplace violence (e.g., what to do if an individual has a weapon, when to call 911, how to report an incident and to whom) and training on those procedures are critical so that your security guard knows exactly what to do in specific situations. “Work together with your security professional to ensure there is understanding and agreement on both sides regarding safety and security protocols at your business,” says Amanda.
3. Fatigue—This is something that may affect all employees; however, those who work nights, as many security guards do, are at greater risk of experiencing fatigue. As an employer, plan for this by scheduling proper coverage for breaks. If your guard is also a driver for your business, be mindful of their Ministry of Transportation driver log. Drivers require ten hours of rest in a day and cannot drive more than 13 hours in a day.
4. Radiation or chemical exposure—Security guards usually access all areas of a building or facility, which could include areas where radiation or certain chemicals are present. Guards require the same training (e.g., WHMIS) and personal protective equipment (personal protective equipment (PPE) e.g., coveralls, respirator, etc.) to enter these areas as those who regularly work there. They must also receive training on how to use, inspect, and maintain their PPE.
5. Heat and cold stress—Similar to chemical exposure, security guards may be dealing with exposure to extreme heat or cold, either outdoors or in climate-controlled indoor environments. It is also important to recognize the length of time the security guard is exposed to extreme temperatures on each shift. Ensure security guards have the clothing, tools, or equipment they need to keep themselves safe, as well as the ability to take breaks from the heat or cold as needed. Train them to recognize the symptoms of heat stress and cold stress and to report dangerous conditions directly to their supervisor for assistance.

How WSPS can help

Start by checking out WSPS’ Workplace Violence and Harassment resource page. You will find policy and program templates, videos, and recommended training.

Consulting

Connect with a WSPS expert to develop and evaluate your workplace violence and harassment prevention program.

Training

• Workplace Violence and Harassment Awareness (eCourse, 40 mins)
• Violence and Harassment Prevention: Situational Awareness and De-escalation (online instructor-led, 4 hours)

Resources

• Workplace Violence and Harassment Toolkit

The information in this article is accurate as of its publication date. 

“It’s day five of a harvest and you’re two workers short,” says Jay Remsik, a Health and Safety Consultant with WSPS. This situation is very familiar to many farmers who end up taking on the extra workload themselves. It’s either that or pushing the workers that they have to pick up the slack. “Operating heavy equipment, such as tractors, augers, and combines, requires full concentration,” remarks Remsik. “When you throw fatigue, tight deadlines, mental distractions, and working outdoors at night into the mix, the risk of an injury or fatality increases drastically.”

Ryan Dick is also a Health and Safety Consultant with WSPS. He echoes Jay’s concerns about harvest season. “On day one of the week, everyone may be feeling fine. But, by day four or five, if you’ve logged 70 or 80 hours by then, you can understand how mistakes start to happen as fatigue sets in,” he says. “This is when people are more likely to get caught in the combine, fall from a tractor, or injured while unloading grain bins.”

Mitigate the risks associated with grain harvest

Jay and Ryan provide some tips to help you and your workers get through a busy grain harvest with your physical and mental health intact.

Plan ahead and cross train. Start preparing well before the beginning of harvest season by breaking down each task, who will do it, and when it needs to be done. This will help you realize early on if you have enough employees. However, no matter how much planning you do, people get sick, emergencies come up, and unexpected things happen. “Cross-functional training provides you with more options and helps to avoid burnout,” says Jay. During slower seasons, cross train your workers on various equipment rather than having only one person run the tractor and another who only runs the combine. If someone suddenly isn’t there one day, it’s important for you to have one or two others who can step in.

Be prepared to hire temporary help. As of July 1, 2024, under the Employment Standards Act, 2000 (ESA), all temporary help agencies and recruiters require a license to operate in Ontario. An employer knowingly engaging with or utilizing an unlicensed help agency or recruiter can be penalized. With this new legislation in effect, businesses that use temporary help agencies for staffing must verify that they are licensed. The best way to do that is to check the Ministry of Labour, Immigration, Training and Skills Development’s online database.

“Businesses can now go online, search the name of an agency or recruiter, and confirm that they are licensed and in good standing,” says Jay. In much the same way that we can search the WSIB’s website to confirm that a business or contractor has a valid clearance certificate (i.e., WSIB coverage) before hiring them, businesses can find out if a temporary help agency is licensed before working with them.

Establish a plan for working alone. “Combine operators are often out in the field working alone,” says Ryan, giving one example. “A check-in schedule becomes extremely important when you are working longer hours into the night.” Have a plan for regular contact and a procedure outlining what happens when contact does not occur when expected.

Take regular breaks. It sounds so simple, but when you’re working against the clock, most of us skip breaks. “Even short breaks are better than none at all,” advises Jay.  Take a walk, stretch, and clear your mind so that when you return to work your focus is on the task at hand. “This has the added benefit of preventing a potential musculoskeletal disorder (MSD) hazard due to a static posture over a long duration,” says Jay.

Ensure grain wagons are rated for the task. “We had an incident that resulted in a crash because the grain wagons that were hitched to the vehicle were too heavy. The driver couldn’t stop the vehicle in time due to the weight,” explains Ryan. He reminds farm operators and workers to check the equipment they are using to make sure it’s suitable for the task at hand. “Knowing the weight limits and how that weight will affect stopping distances and turning distances is important,” says Ryan.

Lubricate the machines. “I’ve seen several harvest fires in the past because of the machines heating up,” explains Ryan. If equipment and vehicles are not properly maintained and prepared for harvesting, the friction from running them for long periods of time could become a hazard. “Make sure all the equipment is sufficiently lubricated, especially bearings,” he says.

Wear masks or respirators. Protect yourself and your workers from inhaling the dust and mould that is often in the air when you are working with grains and hay. “It’s not something we usually think about, but the exposure can lead to allergic reactions or cause breathing difficulty down the road, especially after repeated exposures,” says Ryan.

Check weather and road conditions. Sometimes working at night is unavoidable. “If you’re working long nights, make sure any vehicles you are driving have proper lights and signage, so you can see well and be seen by others,” says Jay. “Use an escort vehicle if you’re driving at night on highways”, adds Ryan. Check the forecast and avoid driving in inclement weather as much as possible. If conditions are wet and muddy, be aware of slipping hazards.

Above all, monitor your crew. Look for visual cues like heads nodding or constant yawning. These are obvious signs that someone is not on top of their game and should not be taken lightly—especially in the context of tasks involving hazardous machinery. Step in and encourage them, if not force them, to rest.

A critical step in the lockout/tagout process is shutting off the energy isolating devices – switches, valves, and electrical disconnects on machines – to stop the transmission of energy, and securing them in the off position using personally controlled locks. This prevents the machine from activating and harming workers during cleaning, repair, set up, or unjamming.

Machines can be powered by a variety of energy sources. “People authorized to do lockout/tagout need to identify all energy sources associated with equipment, understand the hazards they present, know how to isolate and secure them in their de-energized state, and verify that they have been effectively controlled,” says Rob Vomiero, WSPS Specialized Consultant (Machine and Robotics Safety). “Workplace injuries have occurred, and continue to occur, because people failed to properly control hazardous energy, and bring the equipment to a zero-energy state,” says Rob.

Arc flashes and the ‘Left-Hand Rule’

“In rare cases, switching off an electrical disconnect device prior to applying a lock and tag can result in an arc flash incident,” explains Rob. An arc flash is a sudden and intense explosion of energy within an electrical panel. “Sometimes, the panel will not contain the arc flash and the panel door will explode outward. Someone standing in front could be subjected to intense flames, heat, and even shrapnel, resulting in severe injuries.”

When isolating an electrical energy source, it’s important to use a technique known as the ‘Left-Hand Rule.’

The ‘Left-Hand Rule’ is a best practice that provides and additional measure of safety if an arc flash incident occurs. It helps to protect the person from injury or reduces the severity of injury if it does occur. Rob explains how the rule works. “The person doing the lockout usually stands to the right of the panel and uses their left hand to switch off the disconnect switch (which is generally on the right-hand side of the panel). That way if there is an arc flash and the door explodes outward, the person’s body would not be in the direct path of the arc flash explosion.

“The person should also turn their face away from the panel, usually to the right, and hold their breath as they switch off the disconnect. This reduces the chance of their face being struck directly by arc flash flames and debris, and of inhaling hot fumes and gases. This Left Hand Rule, in addition to appropriate personal protective equipment (PPE), provides an additional layer of risk reduction from an arc flash event.”

Types of hazardous energies that power equipment

As part of your lockout/tagout program, you also need to identify and develop procedures for isolating other forms of hazardous energy that power machines. These include:

• Hydraulic energy – energy stored within a pressurized liquid and used to move heavy objects, machinery, or equipment. Examples include: automotive car lifts, injection moulding machines, power presses, and braking systems in cars.
• Pneumatic energy – energy stored within pressurized air. Pneumatic systems are generally powered by compressed air to power equipment. Examples include: robotic part grippers, spraying devices, power washers, rock drills, and riveters.
• Chemical energy – the energy released when a substance undergoes a chemical reaction. The energy is normally released as heat but could be released in other forms, such as pressure.
• Thermal energy – energy from an explosion, flame, objects with high or low temperatures, or radiation from heat sources, such as radiators or portable electric heaters.
• Radiation energy – energy related to ionizing, non-ionizing, low-frequency electromagnetic, optical, or radio-frequency electromagnetic radiation. Examples of radiation sources in the workplace are X-rays, microwaves, sunlight, arc welding and mercury vapour lamps.
• Potential energy – the energy contained in an elevated object due to the force of gravity, or an item under tension. For instance, a spring that is compressed or coiled will have stored energy which will be released in the form of movement when the spring expands.
• Kinetic energy – this is the energy of an object in motion. An example is a flywheel or other mechanical element that requires time to decelerate before coming to a full stop upon receiving a stop signal.

Perform a risk assessment to identify hazardous energies

The risk assessment process, as outlined in CSA Z460:20 Control of Hazardous Energy – Lockout and Other Methods, is the first step in the development of your equipment-specific lockout/tagout procedure, says Rob.

“The risk assessment enables you to identify the hazardous forms of energy associated with the equipment and determine if the equipment has the appropriate isolation devices to switch-off, isolate, and dissipate each form of hazardous energy feeding the equipment.”

Use these tips during the risk assessment to help identify the type of energy a machine uses, and to determine if the appropriate means to control each form of energy exists on the machine.

• Observe the machine as it operates, taking note of what goes in, what comes out, and the tasks it performs, to determine its energy requirements.
• Examine the machine’s components, such as motors, gears, and mechanisms, for clues about the type of energy being used.
• Ensure the machine has an energy isolation device for each form of energy you have identified.
• Look for energy storage. Some machines store energy in various forms, such as batteries (chemical energy), capacitors or uninterruptible power sources (UPSs) (electrical energy) or springs, compressed air, elevated loads (potential energy), etc.
• Determine the magnitude of the energy sources. Look for labels, nameplates, analogue or digital gauges, etc., that show the magnitude of the various energy sources that feed the equipment. It is important to indicate these on the lockout/tagout procedure.
• Review the manufacturer’s specifications, and other machine-related documentation to determine the type of energy used.

“Ultimately, the risk assessment process will enable workplaces to develop safe work procedures for locking out each piece of equipment, with instructions for switching-off, locking/tagging out, and controlling or dissipating all hazardous forms of energy for a machine or process.”

How WSPS can help

Connect with a WSPS expert to learn more about applying the left-hand rule and controlling hazardous energy.

Training

• Lockout Tagout (eCourse, 1 hour)
• Lockout Tagout Safety Essentials (online, instructor-led, 0.5 day)
• Electrical Hazards (eCourse, 1 hour)

Resources

• Hazard Control: Lockout/Tagout for Workers (guide)
• Hazard Control: Lockout/Tagout for Supervisors (guide)
• Hazard Control: Lockout/Tagout for Employers (guide)
• Staying safe with hazardous energy: Using the Lockout Tagout procedure (video)
• Lockout Tagout Training Guide (guide)
• Lockout Tagout: Do it right with these expert tips (article)
• Top 10 Root Causes of Inadequate Lockout Tagout in Food Manufacturing (infographic)

The information in this article is accurate as of its publication date.