Every Alberta worker has three fundamental rights under the Occupational Health and Safety Act: the right to know about hazards, the right to participate in safety decisions, and the right to refuse unsafe work. The third right — refusal — is protected by Section 31 of the OHS Act, and it is one of the most misunderstood workplace rights in the province. This guide explains what qualifies as a legitimate refusal, how to exercise the right properly, and what protection you have from employer reprisal.
What Section 31 Actually Says
Alberta’s Occupational Health and Safety Act, Section 31, states that a worker may refuse work if they have “reasonable and probable grounds” to believe the work is dangerous to their own health or safety, or the health or safety of another worker. The worker must promptly report the refusal to their supervisor.
Two important thresholds:
- Reasonable and probable grounds — the belief must be one a reasonable person in the same situation would hold, based on facts. It does not have to be proven; it has to be genuine and defensible.
- Danger — the risk must be to health or safety. Discomfort, inconvenience, or normal workplace risks that have been properly controlled do not qualify.
What Qualifies as a Legitimate Refusal
Examples that typically qualify under Section 31:
- Missing or malfunctioning fall protection above 3 metres
- Confined space entry without atmospheric testing or attendant
- Gas monitor showing alarm-level H2S with no defined controls
- Overhead line proximity work without utility de-energisation confirmation
- Missing lockout on machinery scheduled for maintenance
- Missing SDS for a hazardous product being handled
- Suspected violence or threats from a co-worker or customer with no employer response
Examples that generally do not qualify:
- Discomfort with a task that is properly hazard-controlled
- Personal disagreement with a supervisor’s decision
- Normal task-inherent risks that have been assessed and controlled to industry standard
- Preference for different equipment or a different task
How to Refuse Unsafe Work — The Correct Process
- Stop the work immediately. Do not continue while raising the concern.
- Report to your direct supervisor without delay. State clearly that you are refusing under Section 31 and explain the specific hazard.
- Cooperate with the investigation. The supervisor must investigate the concern with you present.
- If the concern is resolved (hazard eliminated or controlled), return to work.
- If unresolved, the supervisor may assign the work to another worker — but only after informing that worker of your refusal and its reason, in the presence of a joint health and safety committee member or health and safety representative if one exists.
- If still unresolved, you or your supervisor may contact Alberta OHS at 1-866-415-8690 for an inspector determination.
Employer Duties When a Worker Refuses
The employer must:
- Investigate the refusal with the worker present
- Not pressure or intimidate the worker to return to unsafe work
- Not reassign, discipline, or terminate the worker for a good-faith refusal (this is prohibited reprisal)
- Continue paying the worker for their scheduled hours during the investigation
- Document the refusal, the investigation, and the resolution
Protection Against Reprisal
Alberta OHS Act Section 18 prohibits reprisal against a worker who exercises Section 31 rights in good faith. Reprisal includes dismissal, discipline, demotion, coercion, intimidation, transfer to a less-favourable position, or refusal to continue employment. A worker who believes they have been penalised for refusing unsafe work can file a complaint with Alberta OHS. If the complaint is upheld, remedies can include reinstatement, back pay, and compensation.
What If You’re Not Sure the Hazard Is “Real Enough”?
Alberta OHS is clear: the right to refuse exists on the standard of a reasonable belief, not certainty. If you have a genuine safety concern, raise it. Supervisors and joint committees exist to resolve these — that is the intended process. Silence in the face of a hazard is what leads to Alberta fatalities every year. Trained workers who exercise Section 31 responsibly are protecting themselves and their co-workers.
How to Document a Refusal — Protect Yourself With Records
The strongest defence against later dispute is contemporaneous documentation. When you refuse under Section 31, immediately after reporting to your supervisor, write down:
- Date, time, and location of the refusal
- Exact task you were assigned
- Specific hazard(s) you identified, with as much technical detail as you can (equipment condition, missing controls, atmospheric readings, etc.)
- Who you reported to (name and title) and what you told them
- What the supervisor said in response
- Any witnesses present
- What resolution was reached, if any
Take photos if you can do so safely and if company policy permits. Send yourself an email or text summarising the incident, so the record has an independent timestamp. If a joint health and safety committee representative is available, ask them to witness and document the refusal alongside you.
Common Employer Responses — And Whether They Are Legal
- “Just do it and we’ll fix it later.” Not legal. The employer must investigate before assigning the work back to you or anyone else.
- “If you don’t do this, you’re fired.” Illegal reprisal. Document the threat immediately.
- “We’ll dock your pay while we sort this out.” Not legal. Alberta OHS requires continued payment of scheduled hours during the refusal investigation.
- “Someone else will do it — here’s your write-up.” Reassigning the work is legal (with the notification requirements above). Disciplining you for the refusal is not.
- “You’re being sent home for the day.” This may constitute reprisal. The employer must continue paying scheduled hours during the investigation and cannot use suspension as a penalty for the refusal itself.
Where to Get Help If Your Employer Refuses to Investigate
- Alberta OHS Contact Centre: 1-866-415-8690 — file a complaint or request an inspector determination
- Your union safety officer if you are unionised
- Your joint health and safety committee or health and safety representative
- Alberta Labour Relations Board for reprisal complaints
- An employment lawyer for serious reprisal cases (dismissal, demotion, forced resignation)
Alberta OHS complaints can be filed anonymously, and inspectors can investigate without disclosing the complainant’s identity to the employer.
Related Reading
- Basic Safety Training — Alberta OHS Rights & Responsibilities
- Joint Health & Safety Committee (JHSC) Training
- Supervisor Safety — Legal Duties in Alberta
Filing a Refusal in Calgary — Local Contacts
Calgary workers exercising their Section 31 right to refuse unsafe work can escalate to Alberta OHS through the provincial contact centre at 1-866-415-8690, available 24/7. The Calgary OHS regional office serves southern Alberta including the metro Calgary area and can dispatch inspectors for urgent unresolved refusals or serious hazards.
Calgary-specific resources for supported refusal include: Alberta Federation of Labour and affiliated unions (particularly Building Trades of Alberta, UA Local 488, Ironworkers 725) which have safety representatives experienced with Calgary construction and industrial sites; Alberta Labour Relations Board for reprisal complaints; the Calgary chapter of the Canadian Society of Safety Engineering (CSSE) for professional consultation; and Alberta Workers’ Health Centre which provides worker-side occupational health services. For non-union workers, an Alberta OHS complaint is the primary formal escalation path. Complaints can be filed anonymously and inspectors can investigate without disclosing the complainant’s identity to the employer.
Frequently Asked Questions
Can I be fired for refusing unsafe work in Alberta?
No. Alberta OHS Act Section 18 prohibits reprisal against a worker who refuses unsafe work in good faith under Section 31. Firing, demoting, or disciplining a worker for a legitimate refusal is illegal.
Do I still get paid if I refuse unsafe work?
Yes. Your employer must continue paying your scheduled wages during the investigation of the refusal.
What if the hazard turns out to be minor?
The right to refuse is based on reasonable belief, not proven danger. As long as your refusal is in good faith and based on a real concern, you are protected even if the investigation determines the risk was low.
Can my employer assign my task to another worker?
Yes, but only after informing that worker of your refusal and its reasons, ideally in the presence of a joint health and safety committee member or representative.
How do I contact Alberta OHS if the refusal is not resolved?
Call the Alberta OHS Contact Centre at 1-866-415-8690. An OHS officer will investigate and issue a determination.
Do I need to put my Section 31 refusal in writing?
You are not legally required to, but documenting the refusal contemporaneously (date, time, hazard, who you reported to, response received) strongly protects you in any later dispute or reprisal complaint.
Can Alberta OHS investigate my complaint anonymously?
Yes. Complaints can be filed anonymously, and OHS inspectors can investigate without disclosing your identity to the employer.
