Workers have the right to a healthy and safe workplace. A healthy and safe workplace includes the building an employee works in and the materials, machines and physical activities that the worker is required to use as part of the job.
Employers are obligated to teach workers about the hazards and safety procedures that are related to their job. Employers are supposed to help workers in the event of an accident or ongoing safety or health problems. If an employer does not obey these rules, a worker's rights may have been violated.
Workers have the right to refuse unsafe work. The law sets out a specific process for refusing such work. The law also requires most employers to follow certain rules on workplace training, equipment safety, machine maintenance, the availability of safety information, and setting up health and safety committees. Employers must take all reasonable precautions to protect workers.
Federally regulated employers must obey the Canada Labour Code. Certain federal employers must have a work place health and safety committee that inspects work sites, organizes and monitors health and safety programs, and hears employee complaints. Provincially regulated employers must obey the Occupational Health and Safety Act.
The law also prevents employers from punishing workers who demand their right to a healthy and safe workplace. If you believe that your employer has disciplined or otherwise punished you because you tried to enforce your rights, contact JUSTICE@work. Government agencies have the power to order that you be rehired or otherwise reinstated if you have been punished for asserting your right to a healthy and safe workplace.
If you think your rights have been violated, contact JUSTICE@work. Click here to fill out an online application for legal assistance. A lawyer from JUSTICE@work will review your complaint, provide you with free summary legal advice and assess whether you qualify for legal assistance. Our legal assistance is also free, but available only to qualifying low-income or disadvantaged workers.