The Right to Refuse, Five Years Later: The Evolution of a New Mode of Expression of Risks

The institutionalization, in Quebec, of the right to refuse dangerous work is traced from the conception of the law in 1978 through its application in more than 1,200 cases since 1981. The major issue during the first five years of application has been the evolution of the norms to be used by inspectors in deciding whether or not a refusal is justified. The notions of danger, of normal working conditions, & of personal conditions have been widely debated & clarified; statements from judicial decisions & from the official work inspectors' manual are quoted in this regard. It is concluded that, as a result of this process, the scope of the right to refuse work has been reduced. 2 Tables. Modified HA