In Alberta, employers can’t force non-unionized employees to work if it’s too hot for them to perform their job duties (i.e. an extreme heat warning is in effect).

The province’s Occupational Health and Safety (OHS) Act requires businesses to provide a safe work environment for their staff.

If it would be unsafe for you to perform your job duties in extreme temperatures, it’s possible that you would be able to exercise your right to refuse unsafe work.

• Example: You are a construction worker in Calgary. One day, an extreme heat warning is issued for the city. Despite the warning, your employer instructs you to continue working. Since you would have to spend multiple hours outdoors in blistering conditions, there is a very good chance that you would be able to exercise your right to refuse unsafe work — making it illegal for the company to force you to continue working.

If you believe that it’s unsafe for you to perform your job duties in the current temperatures, inform your employer in a letter or email immediately.

In the event that your boss refuses to take the appropriate steps to provide a safe work environment, reach out to the province’s OHS Contact Centre.

If you are punished or fired for exercising your right to refuse unsafe work, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

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