IRSST - Institut de recherche Robert-Sauvé en santé et en sécurité du travail

The right to refuse work as a preventive measure : preliminary study

Abstract

The law (1979) describes the right to refuse dangerous work in general terms only. This study was undertaken to examine the manner in which this preventive measure has been exercised since its adoption.

All dangerous work refusals reported by inspectors or the Review Board between 1981 and 1985 were subjected to statistical analysis. In addition, the outcomes of various appealed judgements were studied.

The right to refuse dangerous work has not been used uniformly. Seven companies accounted for one-third of all cases, and unionized workers account for 98% of all cases. The right to refuse dangerous work has been an effective preventive measure, as evidenced by the application of corrective measures in 60% of the cases. The jurisprudence concerning the right to refuse dangerous work remains unclear.

Recourse to this right has facilitated the settlement of work conflicts. The legal description of the right to refuse dangerous work should be simplified and made more explicit.

Additional Information

Type: Project
Number: 0085-0070
Status: Completed
Year of completion: 1988
Team:
  • Hélène David (Institut de recherche appliquée sur le travail)
  • Marc Renaud (Université de Montréal)
  • Marcel Simard (Université de Montréal)
  • Gilles Trudeau (Université de Montréal)