There are certain occupations that are riskier than others just by nature, or ones that put individuals in danger more frequently than others. Working with hazardous materials or heavy machinery, for instance, increases the risk of injury at work compared to desk occupations. However, even in positions that employees choose knowing they carry some level of danger, they can still refuse to perform certain tasks if their employers fail to give them the necessary safeguards to complete the job safely.
If you have questions after being fired for refusing to do unduly dangerous work, talk to a wrongful termination attorney by contacting PLBH at (800) 435-7542.
You can refuse hazardous work under these conditions
If all of the following requirements are satisfied, workers have the legal right to refuse to do hazardous jobs that obviously provide a risk of death or significant physical damage, according to the Occupational Safety and Health Administration, or OSHA.:
- You have requested that the employer take steps to reduce the risk wherever practicable, but the employer has not complied; AND
- You declined to do the job in good faith, which means that you honestly thought there was a threat to your safety; AND
- There is a genuine risk of death or serious harm, which any reasonable person would acknowledge; AND
- There isn’t enough time to address it through the normal methods for enforcement.
If you find yourself in this circumstance, such as being requested to enter an unsafely reinforced dug trench, you should urge your employer to make the necessary repairs or find you alternative job. Inform your employer that you won’t perform the task unless the hazard is removed, and stay on the working site until your employer asks you to leave.
Your employer cannot legally retaliate against you for refusing dangerous work
Employees who assert their rights in front of their employers may face reprisals for doing so. Employees may want to speak with a skilled employment retaliation attorney in such situation. In such cases, one alternative is to complain about the employer to OSHA. OSHA complaints need to be submitted 30 days after the purported retaliation.
If you want to protect your rights and seek compensation for the harm you have endured as a result of exercising your legal right to refuse dangerous work, you should speak with an employment retaliation attorney to see if this is the best course of action. If not, there may be other options available to you.
At PLBH, our attorneys are knowledgeable on the law surrounding workplace retaliation, including retaliation against whistleblowers and reprisal based on claims of discrimination. We will stay by your side throughout the process and fight for you and your rights. To make a first meeting and learn more about how we may assist you if you have experienced retaliation at work, get in touch with us right away at (800) 435-7542 or info@plblaw.com.