Worker Rights & Responsibilities

Canadian occupational health and safety legislation establishes three fundamental rights for all workers. These rights form the foundation of workplace safety and apply to all aspects of work, including situations involving hazardous materials. Understanding these rights empowers you to protect yourself and your coworkers from harm.

The right to know means you have the right to be informed about hazards in your workplace and how to protect yourself. Under WHMIS, this includes the right to receive WHMIS training before working with hazardous materials, the right to access labels and safety data sheets for all hazardous products you may be exposed to, and the right to receive information about the results of workplace monitoring or testing that relates to your health and safety. Employers cannot keep health and safety information secret or withhold information about hazards you may face.

The right to participate means you have the right to be involved in identifying and resolving health and safety concerns. This includes the right to participate in workplace health and safety committees or to serve as a worker health and safety representative. You have the right to participate in workplace inspections, hazard assessments, and the development of safe work procedures. Your knowledge and experience as a worker is valuable; you often see hazards and unsafe conditions that others might miss. Employers must ensure there are systems in place for workers to raise concerns and participate in health and safety activities.

The right to refuse unsafe work is perhaps the most powerful worker right. If you have reasonable cause to believe that working with a hazardous material or performing a task would be dangerous to yourself or another person, you have the right to refuse to do that work. This right is protected by law; employers cannot punish or discipline workers for exercising the right to refuse in good faith. However, this right comes with procedures that must be followed, and there are some limited exceptions in situations where the refusal would directly endanger another person's life, health, or safety.

With rights come responsibilities. Workers have important duties under WHMIS and health and safety legislation. Fulfilling these responsibilities protects not only yourself but also your coworkers and others who may be affected by your work. Taking responsibility for safety is a fundamental part of every worker's job.

Your first responsibility is to participate in WHMIS training provided by your employer and to apply what you learn. Pay attention during training, ask questions when you do not understand something, and put your training into practice on the job. If you feel you have not received adequate training for the hazardous materials you work with, tell your supervisor. Training is not just something to get through; it provides the knowledge you need to work safely.

You must follow safe work procedures and use personal protective equipment as required. When procedures exist for handling hazardous materials, follow them consistently, even when you are in a hurry or when shortcuts seem tempting. Procedures are developed to protect you, and taking shortcuts can lead to exposure or injury. Similarly, use required PPE every time, not just when it is convenient. Remove damaged PPE from service and report the need for replacement.

Report hazards, damaged labels, missing safety data sheets, or any other health and safety concerns to your supervisor promptly. Do not assume someone else will report a problem. If you notice a damaged label, report it so it can be replaced. If you cannot find an SDS for a product you are supposed to use, do not proceed until the SDS is located. If you see a spill or a hazardous condition, report it immediately. Never use or handle a product if you have not been trained on its hazards and safe handling procedures or if you are unsure about any aspect of working with it safely.

Employers have extensive obligations under WHMIS and occupational health and safety legislation. Understanding these obligations helps you know what to expect and when something may not be in compliance. Employers must ensure that all hazardous products are properly labeled, either with supplier labels or workplace labels as appropriate. They must obtain and maintain an up-to-date Safety Data Sheet for every hazardous product in the workplace and ensure that SDSs are readily accessible to workers.

Employers must provide WHMIS education and training to all workers who work with or may be exposed to hazardous materials. This training must be provided before you begin working with hazardous materials, and it must cover both general WHMIS principles and specific information about the hazardous products in your workplace. Training must be updated when new hazards are introduced or when there are changes to how products are used. Employers must also develop and implement safe work procedures, provide appropriate personal protective equipment at no cost to workers, and establish emergency procedures.

If you believe that working with a hazardous material or performing a particular task would be unsafe, you have the right to refuse that work. The specific procedure for exercising this right varies by jurisdiction, but generally, you should inform your supervisor of your refusal and explain your concerns. The supervisor must investigate the situation in your presence. If the matter is not resolved, it is typically referred to the workplace health and safety committee or representative and may eventually be referred to the government health and safety inspector.

During a work refusal, you cannot be assigned other work in the same area if that work would expose you to the same danger. Importantly, you must remain available at the workplace unless your employer permits you to leave. You are entitled to be paid during a work refusal investigation. The employer cannot discipline, penalize, or punish you for exercising the right to refuse unsafe work in good faith. However, it is important that the refusal be based on reasonable grounds; the right to refuse is not a right to refuse work you simply find difficult or unpleasant.

Despite best efforts at prevention, emergencies involving hazardous materials can occur. Knowing what to do in an emergency can prevent injuries, minimize environmental damage, and save lives. Your workplace should have emergency procedures in place, and you should be familiar with them before an emergency happens.

If a spill, leak, release, or other emergency occurs involving a hazardous material, your first priority is safety. Evacuate the immediate area if necessary and warn others about the hazard. Do not attempt to clean up a spill or handle an emergency if you have not been trained to do so or if the situation is beyond your training and the available equipment. Report the emergency immediately according to your workplace procedures; this typically means notifying your supervisor, calling an internal emergency number, or activating an alarm.

If someone is exposed to a hazardous material, consult the Safety Data Sheet for first aid information. Section 4 of the SDS provides initial first aid measures for different types of exposure. Follow these recommendations while waiting for medical help to arrive. For serious exposures, always seek professional medical attention even if the person seems to feel fine; some health effects are delayed. When calling for medical help or transporting someone to a medical facility, bring the product's SDS or at minimum provide the product identifier so medical personnel know what the person was exposed to.

In case of fire involving hazardous materials, evacuate and call the fire department. Do not attempt to fight a chemical fire unless you have been specifically trained to do so and have the appropriate equipment. The Safety Data Sheet Section 5 contains important information for firefighters, including suitable extinguishing media and special hazards. Make SDSs available to emergency responders when they arrive. After any emergency, participate in the incident investigation and review of procedures. Emergencies provide important learning opportunities to prevent future incidents. Finally, know where to find emergency equipment such as eyewash stations, safety showers, spill kits, and fire extinguishers, and know how to use them before you need them.