Refusing Dangerous Work

While in the midst of a terrible economic time, sometimes referred to the "Great Recession", some employers may be taking unfair advantage of a nervous workforce and encourage employees to take shortcuts while endangering themselves and others. The Occupational Safety and Health makes provisions which lend some hope to those who are being asked to cut corners. Workers have the right to refuse to do a assigned job, however refusing to work may result in disciplinary action by the employer.

Employees do have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist. But, as a general rule, you do not have the right to walk off the job because of unsafe conditions. If you do and your employer fires or disciplines you, OSHA may not be able to protect you. So, stay on the job until the problem can be resolved. 

  • Your right to refuse to do a task is protected if all of the following 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.
  • Your refusal cannot be a disguised attempt to harass your employer or disrupt business; 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.

When all of these conditions are met, you take the following steps:

  • Ask your employer to correct the hazard;
  • Ask your employer for 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.

If your employer discriminates against you for refusing to perform the dangerous work, contact OSHA immediately.

Read more at OSHA