Refusing Unsafe Work in BC Explained

Can you be fired for refusing unsafe work in BC?

No. Terminating, disciplining, or penalizing a worker for refusing unsafe work in good faith is prohibited action under BC's Workers Compensation Act. Where an employer takes any adverse action connected to a good-faith work refusal, the worker can file a prohibited action complaint with WorkSafeBC. Remedies may include reinstatement and compensation for lost wages. The complaint must be filed within three months of the prohibited action.

Do you get paid while refusing unsafe work in BC?

Yes. Workers who refuse unsafe work in good faith and follow the required process continue to receive their regular pay throughout the investigation. The employer may assign alternative safe work during the refusal period, but cannot reduce pay or take any adverse employment action. If the employer attempts to dock pay during a legitimate work refusal, that itself may constitute prohibited action under the Workers Compensation Act.

What is an undue hazard in BC?

Under BC's Occupational Health and Safety Regulation, an undue hazard is a hazard that could cause injury or illness before it can be corrected through normal means. It is the legal threshold for a work refusal a worker must have reasonable cause to believe the work poses this level of risk. The standard is objective: would a reasonable person in the worker's circumstances believe the work creates an undue hazard? Workers are not required to take unreasonable risks while waiting for a formal process to conclude.

Can an employer assign the refused work to another worker in BC?

Yes but only after providing that worker with written notice that explains the original work refusal, the employer's reasons for believing the work is safe, and the replacement worker's right to also refuse the work. A worker representative, union representative, or other worker must also be informed. An employer who reassigns refused work without following this process creates additional legal exposure.

What happens if a work refusal cannot be resolved between the worker and employer in BC?

Where Steps 1 and 2 of the WorkSafeBC process do not resolve the dispute, both the worker and employer must contact WorkSafeBC immediately. A Prevention Officer will investigate and issue binding directions. Employers must comply with any orders failure to do so can result in administrative penalties. The worker continues to receive their regular pay and cannot be disciplined during this period.