Right to refuse unsafe work, country by country

This page reports what the official source says. It is not legal advice: ask the office named here. Each country below shows what its regulator or statute says about a worker refusing or stopping work that is unsafe. The wording is restated in our own words, with at most one short quoted phrase per source. All pages were read on October 8, 2026.

United States

The federal rule on the Occupational Safety and Health Act, 29 CFR 1977.12 on OSHA's site, starts from the other side. It says that, as a general matter, the Act gives no right to walk off the job because of potential unsafe conditions, and that an employer would not ordinarily be in violation of section 11(c) by disciplining an employee for refusing normal job activities over alleged hazards. It points to a request for an inspection under section 8(f) of the Act, or help from other public agencies, as the normal route when a hazard is in dispute.

The same section then describes a narrower case. It says an employee who has no reasonable alternative and refuses in good faith to face a dangerous condition would be protected against later discrimination. The condition must be one where a reasonable person would conclude there is "a real danger of death or serious injury", with too little time to use regular enforcement channels. Where possible, the employee must also have asked the employer for a correction and been unable to get one. OSHA's workers page lists refusing to work in a situation where a worker would be exposed to a hazard among its topics. State Plans may differ, as the guide on OSHA standards for tree work notes.

Canada

Each province and territory has its own law, as the CCOHS page quoted in the guide on who regulates what shows. Three are read here.

British Columbia. The OHS Regulation, Part 3, section 3.12, says a person must not carry out a work process or operate a tool, appliance or equipment when there is reasonable cause to believe it would create an "undue hazard" to anyone's health and safety. A worker who refuses reports the unsafe condition at once to the supervisor or employer. The employer investigates and remedies the condition, or tells the worker the report is not valid. If the worker still refuses, a second investigation happens with a joint committee worker member, a union-selected worker, or another worker the worker picks. If that fails, both sides notify an officer, who investigates and issues the orders considered necessary. Section 3.12.1 limits giving the refused work to another worker, and section 3.13 says a worker acting under section 3.12 is not to be subject to prohibited action.
Alberta. Section 17 of the Occupational Health and Safety Act says a worker may refuse to work or do particular work if the worker believes on reasonable grounds that there is an undue hazard at the work site, meaning a hazard that includes a serious and immediate threat. The worker must see that the refusal does not endanger anyone else and must promptly report the refusal and reasons. The employer may keep the worker on site and assign other work, and with no loss in pay that is not disciplinary action. The employer must not assign the work to another worker until it is determined that no undue hazard exists. Section 18 bars disciplinary action for acting in compliance with the Act, and section 19 sets a 180-day complaint window to an officer.
Ontario. The government's guide to the Occupational Health and Safety Act says the Act gives a worker the right to refuse work believed unsafe to the worker or another worker, and that the Act sets out a specific procedure. In the first stage the worker reports to the supervisor or employer and stays in a safe place, and the employer or supervisor investigates with the worker and a worker safety representative. If unresolved, the second stage has the worker or employer call the ministry, and an inspector investigates and gives a written decision.

United Kingdom

The Employment Rights Act 1996, section 44 on legislation.gov.uk, gives a worker the right not to suffer any detriment from the employer for certain health and safety actions. Subsection (1A) covers a worker who, in circumstances of danger the worker reasonably believed to be serious and imminent and could not reasonably have been expected to avert, left or refused to return to the place of work or the dangerous part of it. It also covers taking appropriate steps to protect oneself or others from such danger. The Management of Health and Safety at Work Regulations 1999, regulation 8, requires employers to set procedures for serious and imminent danger and to inform exposed persons of the hazard and the steps being taken. The Act text shown is the revised version on that site. The section applies in England, Wales and Scotland.

Ireland

Section 11 of the Safety, Health and Welfare at Work Act 2005, in the Irish Statute Book enacted text, covers emergencies and serious and imminent dangers. In a serious, imminent and unavoidable danger, the employer is to give instructions so that employees can stop work and immediately leave for a safe place, and to ensure that an employee who leaves is not penalised. The employer is also to refrain, save in exceptional cases set out in the plans, from requiring work to resume while a serious and imminent danger remains. That site shows the enacted text, and later amendments are not read here.

Australia

Not confirmed: no official page stating the right to cease unsafe work was read for this page, so no wording is given. The SafeWork NSW code of practice for tree works, read for other pages, was searched for the right and does not state it.

New Zealand

WorkSafe New Zealand's cessation of work page says a worker can stop or refuse to carry out work believed unsafe or likely to expose them to a serious health and safety risk. A worker who has stopped must notify the business as soon as possible and remain available for suitable alternative work, which must be safe and within the scope of the employment agreement or contract. A trained health and safety representative can direct a worker to cease work on reasonable belief of a serious risk. Where a cessation of work issue cannot be resolved, the business, the representative or the worker can ask WorkSafe to assist. The page shows it was last updated on January 15, 2018.

At a glance

Country	Where the wording sits	Threshold the text uses
United States	29 CFR 1977.12	Real danger of death or serious injury, no reasonable alternative, good faith
British Columbia	OHS Regulation section 3.12	Reasonable cause to believe in an undue hazard
Alberta	OHS Act section 17	Reasonable grounds to believe in an undue hazard
Ontario	OHS Act, Part V	Work the worker believes is unsafe
United Kingdom	Employment Rights Act 1996, section 44	Danger reasonably believed serious and imminent
Ireland	2005 Act, section 11	Serious, imminent and unavoidable danger
Australia	Not confirmed	Not confirmed
New Zealand	WorkSafe cessation of work page	Work believed unsafe or a serious health and safety risk