Workers’ Rights Toolbox Talk

Your legal right to speak up, stay safe, and refuse dangerous work

Why “workers’ rights” is a safety topic, not just an HR topic

On a jobsite, production and safety are always in tension. Supervisors want to hit deadlines. Owners want to control cost. Workers want to go home in one piece. All three can happen, but only if the people doing the work understand the legal rights they have on site — and are actually encouraged to use them.

Construction is high-risk work. Struck-by incidents, falls, heavy equipment, energized systems, confined spaces, suspended loads — all of that sits on top of schedule pressure and changing conditions. Regulators treat that reality seriously. Both Canadian provincial law (for example, Ontario’s Occupational Health and Safety Act) and U.S. federal law (the Occupational Safety and Health Act, enforced by OSHA) say the same thing in different words:

• Employers are responsible for providing a safe workplace.

• Workers have the right to know about hazards, the right to be involved in safety decisions, and the right to refuse dangerous work.

These are protected rights, and retaliation for exercising them is illegal. 

This toolbox talk covers what those rights actually mean in construction, how they work in practice, and what supervisors are required to do when a worker speaks up.

The three core health & safety rights on the job

Across Canada (and specifically in Ontario law) workers have three basic health and safety rights:

1. The Right to Know

2. The Right to Participate

3. The Right to Refuse Unsafe Work

These same ideas show up in U.S. OSHA language as the right to information, the right to speak up, and the right to refuse work that presents an imminent danger of serious harm. 

Let’s break down each one.

1. The Right to Know

What it means:

You have the right to know about any hazard that could affect your health or safety before you’re exposed to it. That includes chemicals, equipment, procedures, site conditions, and even other trades’ work that could put you at risk. Employers must proactively share this information. They’re not allowed to hide it, downplay it, or assume “you should’ve known.” 

Under Ontario’s Occupational Health and Safety Act, employers are legally required to provide workers and the Joint Health and Safety Committee (JHSC) with information about workplace hazards. The JHSC then has a duty to communicate that information to workers. 

Chemical exposure is a good example. WHMIS (Workplace Hazardous Materials Information System) is a Canada-wide system that protects workers by making sure hazardous products are properly labeled, that current safety data sheets (SDSs) are available, and that workers receive training on how to handle those products safely. WHMIS training is not optional; it’s one of the main ways employers meet the right to know requirement.

In the U.S., OSHA requires something very similar under the Hazard Communication Standard: employers have to identify hazardous chemicals, maintain Safety Data Sheets, label containers, and train workers in a language and vocabulary they can understand. Employers must provide a workplace free of known dangers. 

What “right to know” looks like in the field:

• Before a new product, tool, or process is introduced, you get told what the hazard is and how you’re protected.

• Safety data sheets / SDSs are accessible, not locked in an office.

• You can ask, “What is this? Is it safe? Do I need PPE for this?” and you get a real answer, not attitude.

• You’re trained on safe use of equipment and procedures, including emergency steps, in a way you can actually understand, not just “sign here.” 

If you’re handling a chemical you’ve never seen before and nobody can show you an SDS or explain the controls, your right to know is being violated.

2. The Right to Participate

What it means:

You have the right to actively take part in health and safety discussions and decisions — not just follow orders. You can point out hazards, make recommendations, and expect the employer to listen and respond. 

On many sites, that participation happens through a Joint Health and Safety Committee (JHSC) or a health and safety representative. These are worker/employer safety reps who inspect the site, investigate incidents, review testing, and recommend improvements. Under Ontario law, a worker member of the JHSC has the right to:

• Be present at the start of testing related to health and safety.

• Take part in inspections and investigations by the Ministry of Labour, Immigration, Training and Skills Development.

• Investigate serious accidents and inspect the jobsite regularly.

• Bring forward concerns about “dangerous circumstances.”

Employers must respond to formal JHSC recommendations in writing within 21 days.

In the U.S., OSHA calls this the right to speak up about hazards and the right to report unsafe conditions — including directly to OSHA — without being punished, reassigned, or fired for it. Retaliation against a worker for raising a safety concern is illegal under section 11(c) of the Occupational Safety and Health Act. 

What “right to participate” looks like in the field:

• You can tell a supervisor, “This lift plan doesn’t look stable,” or “This trench wall is sloughing,” and that concern gets addressed, not ignored.

• If you’re on the JHSC or acting as the safety rep, you’re allowed to inspect and ask for changes without being treated as the problem.

• If you file a safety complaint (internally or to OSHA / Ministry of Labour), you’re protected from losing hours, getting demoted, or being pushed off the site just for speaking up.

If a foreperson says, “You complain again and you’re off this site,” that’s a violation of the right to participate.

3. The Right to Refuse Unsafe Work

What it means:

If you honestly believe the work you’ve been asked to perform is dangerous to you or someone else, you have the right to refuse to do it. Full stop. 

In Ontario and most Canadian jurisdictions, this is written right into law. The process is structured so you’re protected while the issue is being reviewed:

1. You refuse the work because you believe it’s unsafe and you tell your supervisor or employer.

2. The supervisor investigates the concern in your presence (and often with a worker safety rep).

3. If you still have reasonable grounds to believe the job is dangerous after that internal investigation, you can continue to refuse.

4. At that point, a government inspector (Ministry of Labour) is called in to investigate and give a decision.

That’s not “being difficult.” That is a legally protected right to refuse unsafe work.

In the U.S., OSHA frames it this way: if there’s a condition that clearly presents a risk of death or serious physical harm, there isn’t enough time to get OSHA on-site, and you’ve already asked the employer to correct it, you may have the legal right to refuse that work. You can also file a safety complaint with OSHA at any time, and OSHA can keep your name confidential. 

Important detail:
Refusing unsafe work is not the same as walking off the job altogether. Both Canadian and U.S. guidance say:

• You stay in a safe place.

• You stay available for other safe work.

• You cooperate with the investigation.

That protects your pay and your position while the hazard gets addressed.

Real-world examples of when refusal is appropriate:

• A trench deeper than required (or visibly caving) with no shoring, trench box, or slope.

• An energized line that hasn’t been locked/tagged out, and you’re asked to start work anyway.

• Lifting a load over workers with no barricade and no spotter.

• Being told to enter a confined space without testing, ventilation, or rescue plan.

If you believe that doing the task will put you or a co-worker in immediate danger, you are within your rights to refuse.

“My boss said they control the work. Don’t I have to just do what I’m told?”

Supervisors and employers do have the legal right to determine and direct how work is performed, as long as that work is being done safely and in compliance with the law. They’re allowed to set the plan. They are not allowed to force you to carry out a task that you reasonably believe could seriously injure or kill you. 

That balance is the whole point of having legally protected worker rights. It’s not about workers “running the job.” It’s about making sure production never outruns safety.

What supervisors and leads are expected to do

If you’re a foreperson, superintendent, or crew lead, this part is for you.

1. Make the rights visible.
   Post the mandatory health and safety rights information where workers can actually read it, not just buried in a binder. Many jurisdictions require specific posters to be posted on site (for example, Ontario’s “Health & Safety at Work” poster). That’s part of meeting the right to know.

In the U.S., OSHA requires employers to display the official OSHA “Job Safety and Health: It’s the Law!” poster, which tells workers they have the right to a safe workplace, the right to raise a concern, and the right to be free from retaliation. 

2. Respond, don’t punish.
   If a worker raises a hazard, your job is to investigate and correct it — not to threaten discipline, cut their hours, or send them home. Retaliation for reporting a hazard or refusing clearly dangerous work is illegal in both Canada and the U.S.
3. Follow the refusal process.
   If someone refuses work because they believe it’s unsafe, you investigate immediately with them present. If they still believe there’s a danger, you escalate — you do not pressure them back onto the task. In Ontario, that second stage triggers a call to a Ministry inspector. In the U.S., if it’s an imminent danger and there’s no time for OSHA to arrive, you correct the hazard or stop the task.
4. Document what you did.
   From a compliance standpoint, the smartest thing you can do is document the conversation, corrective action, and resolution. That protects the worker and also protects you if someone later asks, “What did you do when this was reported?”

This is where your internal forms come in. You should have:

• A Worker Hazard Concern Form (simple: hazard, location, who raised it, what was done).

• A Refusal of Work Log (who refused, why, when investigated, corrective action taken).

• A JHSC / Safety Rep Contact Sheet for the project (who the worker reps are, how to reach them).

All of that should live on your site or in your safety app — not in somebody’s personal notebook.

What happens if I speak up and nothing changes?

You escalate.

In Ontario and most Canadian jurisdictions: if you still believe the work is dangerous after the first-stage investigation, you keep refusing and a Ministry of Labour inspector is brought in. The inspector will review the situation and issue a decision in writing.

In the U.S.: you can contact OSHA directly to report hazards, request an inspection, or file a whistleblower/retaliation complaint. OSHA can keep your identity confidential, and it is illegal for an employer to fire, demote, or discriminate against you for raising a valid safety concern.

Either way, “nothing changes” is not the end of the story. You have a legal path forward.

Frequently asked questions

Do I have to prove the work is unsafe before I can refuse it?
No. You need a good-faith belief that the work is dangerous. In Ontario, the refusal process starts with your own belief that the work could endanger you or someone else. Then the supervisor investigates with you. Only after that first-stage check does the standard move to “reasonable grounds.”

In the U.S., OSHA uses “risk of death or serious physical harm” and “no time for OSHA to inspect” as the threshold for refusing dangerous work. 

Can I get fired for reporting a safety issue?
Retaliation for reporting health and safety concerns is illegal. OSHA specifically protects your right to raise a concern or file a complaint without losing your job or your hours. Canadian law similarly protects the right to participate and the right to refuse unsafe work. 

Who’s on the Joint Health and Safety Committee for this project?
You should know this. Worker members of the JHSC have the right to take part in inspections, investigate serious incidents, and recommend improvements. Employers must respond in writing to those recommendations within 21 days.

If you don’t know who your worker rep is, that’s a red flag and it should be addressed in your next toolbox talk.

Does wearing PPE mean the job is automatically safe?
No. PPE is considered the last line of defense, not the first. The law expects employers to remove or control hazards and provide safe work methods, not just hand you PPE and tell you to “get it done.”

What should I do right now if I think something’s unsafe?
Stay in a safe place, tell your foreperson or supervisor immediately, explain why you believe it’s unsafe, and ask for it to be fixed. If you still believe it’s dangerous after the first look, you can continue to refuse and escalate to an inspector (Canada) or request OSHA involvement (U.S.). 

How to turn this into documentation (and CYA for the company)

From a company standpoint, the smartest move is to standardize this conversation and prove you’re honoring it.

You should maintain, on your own domain / in your own system:

• Worker Safety Rights Poster
  A one-pager that spells out: Right to Know, Right to Participate, Right to Refuse Unsafe Work, plus anti-retaliation language. This replaces generic third-party posters and keeps your message consistent.

• Refusal of Unsafe Work Form
  A simple form workers can fill out (on paper or digitally) when they refuse work. Capture date/time, hazard, who was notified, and next steps. This mirrors the two-stage refusal process (worker report → supervisor investigation → escalation if still unsafe).

• JHSC / Safety Rep Contact Sheet
  A current list of worker reps, with photos, posted in the trailer and lunchroom. That satisfies the “right to participate” piece in a way workers can actually use on Day 1.

All three of those are assets you can host and update, instead of pointing to someone else’s PDF.

Key takeaways

• You have the right to know what hazards exist, how they’re controlled, and what training and PPE you’re entitled to. Employers must explain that in plain language.

• You have the right to participate, which includes raising concerns, recommending changes, and getting those concerns addressed without punishment or loss of work. JHSC worker reps aren’t symbolic; they’re empowered by law.

• You have the right to refuse unsafe work if you believe it could seriously harm you or someone else. The refusal process is structured to protect you while the hazard is investigated, and retaliation for using it is illegal.

Supervisors: your job is not just to “get the work done.” Your job is to make sure everyone goes home. That includes respecting these rights, documenting issues, and fixing the hazard — not the worker who reported it.