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Occupational Health and Safety Act , section: 43
Business Law, Refusal to work
This section does not apply to a worker described in subsection (2),
(a) when a circumstance described in clause (3) (a), (b) or (c) is inherent in the worker’s work or is a normal condition of the worker’s employment; or
(b) when the worker’s refusal to work would directly endanger the life, health or safety of another person. R.S.O. 1990, c. O.1, s. 43 (1).
The worker referred to in subsection (1) is,
(a) a person employed in, or a member of, a police force to which the Police Services Act applies;
(b) a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997;
(c) a person employed in the operation of,
(i) a correctional institution or facility,
(ii) a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,
(iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or
(iv) a similar institution, facility or place;
(d) a person employed in the operation of,
(i) a hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health centre or rehabilitation facility,
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Canada Statutes Ontario Statutes Edit
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