The right to refuse in Québec: five-year evolution of a new mode of expressing risk

In this article, the authors trace the outstanding stages in the institutionalization in Québec of the right to refuse, from its conception in 1978 to its application in more than 1200 cases (as of July 1985) since 1981. The major issue over the first five years of application has been the evolution of norms used as guidelines by inspectors in justifying or not justifying a refusal. The notions of danger and of normality of working conditions and personal conditions were widely debated and clarified. As a new mode of expressing risks for workers and a new mode of regulation for the state, the right to refuse has undergone a reduction in its scope through this process.