Under the New Brunswick Occupational Health and Safety Act, you have the fundamental right to refuse work if you reasonably believe the task will endanger your health or safety. Your employer cannot fire or discipline you for exercising this right, provided you immediately report the hazard and follow the formal refusal process.
Every worker in New Brunswick deserves to return home safe at the end of their shift. Whether you are working on a construction site in Moncton, an industrial plant in Saint John, or a bustling commercial kitchen in Fredericton, workplace hazards are a serious reality.
Sometimes, an employer may ask you to perform work that you believe is unsafe. The law protects your right to refuse dangerous work without fear of reprisal. Understanding how to properly execute a work refusal ensures your safety while legally protecting your job. 📍
Step-by-Step Process in New Brunswick
You cannot simply walk off the job site and go home. A lawful work refusal is a structured process that involves your supervisor, health and safety representatives, and potentially the provincial government.
Step 1: Stop Working and Report the Hazard
The moment you believe a task, piece of equipment, or working condition is dangerously unsafe, you must stop doing it immediately.
Do not simply ignore the task; you must report it to your direct supervisor right away. Clearly state, “I am refusing this work under the Occupational Health and Safety Act because I believe it is unsafe.” Explain exactly what the hazard is.
Step 2: Participate in the Internal Investigation
Once reported, your supervisor cannot force you to return to the task. They must investigate the situation immediately. 🔍
This investigation should involve you and a member of your workplace’s Joint Health and Safety Committee (JHSC) or an employee safety representative. If the supervisor fixes the hazard (for example, by providing the correct safety harness), and you agree it is safe, you return to work.
Step 3: Refer the Matter to the Safety Committee or Representative
If your supervisor’s investigation does not resolve the hazard to your satisfaction and they insist the task is safe, you cannot jump straight to calling the provincial government.
Under Section 20(4) of the New Brunswick Occupational Health and Safety Act, you are legally required to refer the matter to your workplace’s Joint Health and Safety Committee (JHSC) or your designated employee safety representative. The committee or representative must investigate the issue immediately. During this time, your employer is legally allowed to temporarily reassign you to other safe duties, which you must accept, provided the new task is safe and within your capabilities.
Step 4: Escalate to WorkSafeNB
If your workplace does not have a Joint Health and Safety Committee or safety representative, or if they investigate but cannot resolve the issue, either you or the employer can escalate the matter by contacting WorkSafeNB. 👮
A WorkSafeNB Health and Safety Officer will be dispatched to your workplace to conduct an independent investigation. The Officer will issue a binding written decision. If they rule the work is safe, you must return to it. If they rule it is unsafe, they will issue legal orders forcing the employer to fix the hazard.
How Much Does it Cost in New Brunswick?
Exercising your right to a safe workplace is entirely free, and the law protects your income during the process.
| Factor | Financial Impact (CAD) | Description |
|---|---|---|
| WorkSafeNB Intervention | Free ($0) | There is no charge to have a provincial safety officer investigate your work refusal. |
| Your Wages | Fully Protected | You must continue to be paid your regular wages during the work refusal and investigation process. |
| Employment Lawyer | $250 – $500 | Optional. While you cannot sue in court for wrongful dismissal for an OHS violation, a lawyer can advise you on drafting a WorkSafeNB complaint. |
- Discriminatory Action: Under Section 25 of the Act, if an employer docks your pay, suspends you, or fires you for initiating a lawful work refusal, you cannot sue for wrongful dismissal in court. Instead, the exclusive legal remedy is to file a free “Form 1 – Complaint of Discriminatory Action” directly with WorkSafeNB within one year of the incident. An independent arbitrator appointed by WorkSafeNB will resolve the dispute, with the power to reinstate you and restore lost wages.
- Other Workers: If your employer asks another worker to do the job you refused, they must inform that worker of your refusal and the reasons behind it.
How Long Does the Process Take?
Because safety hazards present an immediate threat to life and limb, work refusals are handled rapidly.
Step one and step two-reporting the hazard and conducting the internal supervisor investigation-usually happen within a matter of hours on the same shift. If the dispute cannot be resolved internally and you must call WorkSafeNB, a provincial safety officer will typically respond and conduct their investigation within 24 hours. The entire process is designed to minimize downtime while prioritizing human life.
Frequently Asked Questions (FAQ)
Can I be fired for refusing unsafe work?
No. Firing or punishing an employee for exercising their rights under the Occupational Health and Safety Act is strictly illegal in New Brunswick. If this happens, WorkSafeNB can penalize the employer and order compensation for the worker.
Can I refuse work if it is just uncomfortable?
The right to refuse applies to situations you reasonably believe endanger your health or safety. Mere discomfort, such as a lack of air conditioning on a warm day, generally does not qualify unless the heat reaches dangerous, medically threatening levels.
Do I still get paid while I am refusing?
Yes. You are entitled to your normal pay while participating in the investigation. However, your employer can assign you to other reasonable and safe tasks while the issue is being resolved, and you must perform them.
What if the WorkSafeNB officer says the job is safe?
If the provincial officer officially determines the task does not pose a hazard, their decision is binding. You must return to work. If you continue to refuse after a WorkSafeNB ruling, your employer may have grounds for disciplinary action.
Can I refuse work if it puts my coworkers in danger, but not me?
Yes. The legislation allows you to refuse to do any act that you believe is likely to endanger the health or safety of yourself or any other employee at the workplace.
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