669 HAZWOPER for General Site Workers X

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.

You may have a legal right to refuse to work in a situation in which you would be exposed to the hazard if all of the following situations apply:

1. If the condition clearly presents a risk of death or serious physical harm,
2. there is not sufficient time for OSHA to inspect, and,
3. where possible, you have brought the condition to the attention of your employer.

If a worker, with no reasonable alternative, refuses in good faith to expose himself or herself to a dangerous condition, he or she would be protected from subsequent retaliation.

The condition must be of such a nature that a reasonable person would conclude that there is a real danger of death or serious harm and that there is not enough time to contact OSHA and for OSHA to inspect.

Where possible, the employee must have also sought from his employer, and been unable to obtain, a correction of the condition. For more information, go to OSHA's Workers' Rights Page.

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