The number of unsafe work refusals across Ontario more than doubled in March as fears of COVID-19 infection in the workplace continue to grow, according to Ministry of Labour statistics requested by the Star.

There have been 47 work refusals in Ontario since the start of the month; 40 of those were over concerns of exposure to coronavirus, the ministry figures show.

That’s double the number filed in February, when workers made just 15 work refusals total. Four of those were related to COVID-19.

The statistics reflect reports filed by workers exercising their legal right to refuse work they believe is unsafe. The figures do not indicate whether or not a ministry inspector later ruled there was a health risk.

Concerns over exposure to COVID-19 are particularly great for employees who cannot work from home. In Toronto, 70 per cent of the workforce falls into that category, according to an analysis by David Macdonald of the Canadian Centre for Policy Alternatives.

Deena Ladd of the Toronto-based Workers’ Action Centre said her organization has seen a spike in concern about workplace exposure, especially from food service, retail and personal support workers.

“And then there’s situations like cleaners who are not wanting to go to work because they ... don’t have proper health and safety equipment,” she said.

Ladd said her organization has been calling the Ministry of Labour on behalf of workers — but has experienced wait times of up to an hour.

So, what are your rights in the workplace during the pandemic?

Can I refuse work I believe is unsafe?

Ontario’s health and safety laws require employers to take “every reasonable precaution” to protect workers.

This, according to the Ministry of Labour, includes protection from the outbreak of infectious disease.

You have the legal right to refuse work if you believe the following:

A machine or other equipment could endanger you or others.

The physical condition of the workplace or workstation could endanger you or others.

There is a risk of workplace violence.

Machinery, equipment, or the physical condition of the workplace breaks health and safety laws or regulations.

Are there any exceptions?

Yes.

If you’re employed in a job where you have a responsibility to protect public safety, you have a more limited right to refuse unsafe work.

This applies to people working in health care, first responders and correctional services workers.

If you work in one of these fields, you can’t refuse unsafe work if the risk in question is a normal part of the job or if a work refusal could endanger the safety of someone else.

But you can still exercise the right to refuse unsafe work in other situations where those factors don’t apply, says the Ontario Federation of Labour’s Occupational Health and Safety director Vern Edwards.

What do I do if I want to refuse work that I feel is unsafe?

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First, identify the safety hazard!

Then, you must report it to your supervisor or manager, as well as a worker safety representative if you have one. Go somewhere safe and stay there.

Your employer must investigate the workplace risk in the presence of you and your worker safety rep. If the issue is resolved, return to work.

If you have reasonable grounds to believe work is still unsafe, you or your employer must call the provincial Ministry of Labour. The ministry’s Health & Safety Contact Centre can be reached toll free at 1-877-202-0008.

An MOL inspector will investigate the hazard in the presence of you and your employer and issue a decision in writing on whether the work is unsafe.

What do I do while the ministry is investigating?

Your employer can offer you other work if possible.

Your employer can also offer the job you have refused to someone else. But they must inform that employee, in the presence of a worker safety representative, that there has been a work refusal.

Will I get paid?

You should continue to receive your normal pay.

Can my boss discipline or fire me for a work refusal?

No. It is against the law to discipline, penalize, suspend or terminate any worker for refusing unsafe work. Your employer also can’t threaten you with any kind of discipline.

What happens if the ministry deems the work unsafe?

The inspector will obtain voluntary compliance from the employer to fix the issue or the ministry will issue orders under health and safety laws to demand compliance. In more severe cases, the inspector could recommend a prosecution, says Edwards.

What if I don’t feel comfortable refusing work even if it is my right to do so?

“Our recommendation is if you really feel like it’s an unsafe situation that you document what is going on and you go home,” said Ladd of the Workers’ Action Centre.

“Really try and have co-workers be prepared to take statements,” she added. “At this moment, do what you need to to be safe.”