Right to Refuse Dangerous Work
You may file a complaint with OSHA concerning a hazardous working condition at any time. However, you should not leave the worksite merely because you have filed a complaint.
If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard. OSHA cannot enforce union contracts that give employees the right to refuse to work.
Your right to refuse to do a task is protected if ALL of the following four conditions are met:
- Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and
- You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists; and
- A reasonable person would agree that there is a real danger of death or serious injury; and
- There isn't enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.
If the above conditions are met, you should take the following steps:
- Ask your employer to correct the hazard, or to assign other work;
- Tell your employer that you won't perform the work unless and until the hazard is corrected; and
- Remain at the worksite until ordered to leave by your employer.
Knowledge Check Choose the best answer for the question.
2-5. If, after a discussion about safety, you are required by your employer to work on a phone tower 60 feet above the ground without fall protection, what right do you have under OSHA?
You forgot to answer the question!