Workers have a right to refuse work or do particular work where the worker has reason to believe that workplace violence is likely to endanger themselves.

Regulation 857 – Teachers made under the OHSA states that Part V of the OHSA does not apply to teachers, as defined in the Education Act, where the circumstances are such that the life, health or safety of a student is in imminent jeopardy. However, the employer and supervisor still have a duty to take every precaution reasonable in the circumstances to protect the health and safety of the teacher. When the life, health or safety of a student is not in imminent jeopardy, the teacher has a right to refuse work consistent with the procedure outlined in the OHSA.

Other workers in school boards who are not teachers (e.g., teaching assistants, education assistants, office workers, custodial workers, etc.) have the right to refuse work when they have reason to believe that workplace violence is likely to endanger them.

The OHSA sets out a specific procedure that school boards must follow in any work refusal. It is important that workers, school boards, supervisors, members of JHSC, MJHSCs, or health and safety representative understand the procedure for a lawful work refusal.

For more information and the process to follow on the right to refuse work read OHSA s.43 and the MLITSD Guide to the Occupational Health and Safety Act, Part V - Right to Refuse Work.