Employee Rights: Refusing Dangerous Work and OSHA Protections

Boss Ordered Me To Complete The Job

Inherently Dangerous Jobs

Many jobs, such as firefighting, first responders, and skyscraper window cleaners, regularly expose themselves to risks of danger in their work. Workers in those jobs know that they have to perform inherently dangerous duties.

Employer Must Provide Reasonable Precautions

But no matter your job, you are not expected to complete work when your employer has not taken reasonable precautions to protect you from injury.

According to current OSHA Regulations, there are times in which an employee is faced with a dangerous work situation and must make a choice between performing the hazardous work as directed by the employer, thereby subjecting oneself to serious injury or death, or by refusing to perform the dangerous work due to the risks involved.

Good Faith Refusal

If the employee has no reasonable alternative and refuses in good faith to risk endangering himself, the worker is legally protected against being forced to do so.

Under such a situation, the employer is prohibited from punishing or otherwise discriminating against the employee through termination, docking pay, reducing the employee’s work hours, or other forms of employment discrimination.

Danger Real or Contrived – Legal Test

The hazardous condition that caused the employee’s immediate apprehension of the perceived risk of death or serious injury must have been real and not contrived. The legal test looks at whether a reasonable person, under similar circumstances, would conclude that an unreasonable risk of danger of death or serious injury could result by performing such work.

No Time to Remove Danger

The worker must also prove that there was not sufficient time to remove the danger through regular OSHA enforcement and claim submission processes. Under such circumstances, the employee must have requested the employer remove or eradicate the dangerous condition.

Worker Must Follow Legal Processes

You do not have to perform any work you believe is dangerous to your safety. But do not quit or resign your position. You will need to follow the legal process.

You must be mindful that OSHA will normally not protect you if you immediately confront your boss and quit your job. However, this does not mean you should be forced to continue working under unsafe conditions

Refusal Should Not Be Confrontational

Most labor lawyers will likely advise you to follow the steps below and politely refuse to perform the work. If, after following all the steps and your employer terminates you or otherwise penalizes you by lowering your hours or docking your pay, you can take legal action against your employer for retaliatory termination. This is especially true if OSHA investigates your claims and finds them in your favor.

Whistleblower Protections

Whistleblowers are considered a protected class of workers, and retaliating against them on public or worker safety issues can open the employer to serious civil and even criminal consequences.

This is one area of the law that requires you to consult with an experienced employment lawyer as early as possible. A written letter from your lawyer explaining the situation and asserting your position will likely reach your employer’s desk at record speed.

Four Steps To Follow

In summary, the four situational conditions a worker must know to protect their safety, as well as their legal rights, are:

1. You must first request your employer remedy the danger, which your employer refuses.
2. You must have a “good faith” belief that you are in imminent danger of risking serious injury to yourself or death.
3. A reasonable person in your circumstances and under those conditions would also believe performing the work could cause serious injury or death.
4. And finally, there is not sufficient time to remedy the danger by going through the OSHA claim and inspection process. That is to say, taking a wait-and-see approach to the threat would, under the circumstances, risk sustaining serious injury or death.

If Employer Retaliates Against You

Should the employer take retaliatory action against you for refusing to work under dangerous conditions, you should reach out to OSHA as soon as possible.

Complaints of employer retaliation against the worker must be made to OSHA within 30 days of the alleged retaliation. Contact OSHA immediately. Their toll-free number is 1-800-321-OSHA (6742).

Request that they connect to the closest OSHA office. No form is required to file a discrimination complaint, but you must call OSHA to begin the process immediately.

Reference Source: OSHA

Employment-Labor Lawyers

Should you have specific questions or require additional information about your legal rights and obligations, we strongly advise you to consult with a verified Employment-Labor Lawyer about your issues as soon as possible.