As a CUPE member in Ontario if you think anything at work, including equipment or workplace conditions, might hurt you or a co-worker, you have the legal right not to work.* You can not be penalized for refusing to do unsafe work. However, your refusal must be done properly.

To refuse unsafe work you must follow these simple rules:

1. If you think something is dangerous immediately tell your supervisor or employer what it is you think is dangerous and that you are using your legal right to refuse unsafe work.
2. Important - You must not leave. Stay in a safe place near your workstation until an investigation in complete.
3. The supervisor or employer must then investigate the situation with you and the worker-selected member from the joint health and safety committee or a representative from the union.
4. If no health and safety representative or committee member is around, another employee must be with you at the investigation. This employee will have been chosen by the employees or the union because of his or her experience and training in health and safety matters.
5. After the investigation, your employer or supervisor can either, fix the problem if there is one, show you how to do the job safely, or decide that there is no immediate safety problem and ask you to return to work.
6. You are paid your full wages during this investigation. If you refuse to do work during overtime, the overtime rate still applies.
7. If you still think the situation is still unsafe, even after the investigation, you may continue to refuse to work. However, you must now have reasonable grounds for believing that the work is unsafe.
8. Either you or your employer must notify a Ministry of Labour inspector.
9. Stay in the area until the inspector arrives. Once the Ministry of Labour has been called, you employer can assign you to do alternative work until the inspector's decision has been made.
10. Before the ministry inspector comes, your employer can ask another employee to do the work that you refused. However, your employer must tell this employee, in the presence of a health and safety representative, that the work was refused and why it was refused. This employee has the same right as you to refuse the work. But he or she cannot refuse the work just because you did. This employee's refusal must be because he or she believes the work is unsafe, and can say why.
11. The inspector will come to the workplace or site and investigate the situation. He or she will then decide if the work is unsafe and could cause injury.
12. If the inspector finds that the work you refused is unsafe, he or she will issue an order to your employer to fix the situation. If, on the other hand, the inspector finds that the work is not unsafe, you are expected to return to work.

*Note however, this section does not apply to certain workers, as listed in Section 43(1) and (2). For more information contact your Health and Safety Representative.