Refusing Unsafe Work: Your Rights and Responsibilities Under OSHA

Many jobs have hazards and dangers that can cause workers serious injury or death. Some workplace hazards are unavoidable, but most dangers can be corrected to lessen the risk of workplace injuries and deaths.

If you think working conditions are dangerous, bring them to your employer’s attention. You can generally refuse unsafe work if your employer doesn’t fix the dangers. To find out more about your legal rights, talk to an experienced employment lawyer about workplace dangers.

Can You Refuse Unsafe Work?

The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA as the federal agency that regulates workplace safety. Under OSHA regulations, you can refuse to do a task under the following conditions:

• You asked your employer to eliminate the danger, but they failed to take action
• Your refusal to work is in good faith, believing there was an imminent danger;
• A reasonable person would agree there is a real danger of death or serious injury
• There isn’t enough time to correct the danger through regular enforcement channels

Don’t just walk off the job. You should remain at the worksite until your employer orders you to leave. If you leave without dismissal, the employer may be able to take disciplinary action against you.

How Should You Report Unsafe Working Conditions?

If you believe there is a workplace hazard, you should report it to your employer. Ask your employer or supervisor to correct the hazard. You can also ask your employer to assign other work. Let your employer know that you are not going to do the work until they correct the danger.

If your employer does not correct the safety hazards, you can request an OSHA inspection. An OSHA inspector can investigate workplace conditions, identify health hazards, and issue OSHA citations for violations.

What if Your Employer Fires You After You Refuse Dangerous Work?

It is a violation of your workers’ rights for an employer to retaliate against you for refusing to work in dangerous conditions. If an employer fires you or takes adverse action against you for reporting hazardous conditions, you should report it to OSHA or your union representative immediately.

Generally, you have to report OSHA whistleblower retaliation complaints within 30 days. Report any reprisals for work refusal to your local OSHA office. Whistleblower protections also apply to other workers who cooperate with OSHA investigations or testify in proceedings.

When Do You Have to Do Dangerous Work?

Some jobs are more dangerous than others. However, there is no lack of hazardous work conditions, even in typically safe industries. According to the Bureau of Labor Statistics, there were more than 2.8 million nonfatal injuries and illnesses in the workplace in 2022. There were also 5,486 fatalities.

You should not have to choose between not doing your job and subjecting yourself to serious injury or death from a workplace hazard. If there is no reasonable alternative, you can refuse in good faith to expose yourself to dangerous conditions.

Some jobs have dangers that are part of doing the job. Taking the job may come with those risks. If you feel like your job is dangerous and there is no way to make it a safe workplace, you may want to find another job. However, if there are ways to correct workplace dangers, your employer has a responsibility to correct them.

What Are Your Options if You’re Injured on the Job?

If you are injured on the worksite, state workers’ compensation should cover you. Workers’ comp provides benefits for workers who suffer a workplace injury. You don’t have to prove negligence to get coverage for workplace injuries. Generally, workers’ comp provides medical care and wage replacement benefits until you are able to return to work.

You have to report the injury to your employer within a certain time limit. The employer or their insurance provider then approves or denies your workers’ comp claim. If your employer refuses your workers’ comp claim or denies coverage, you may be able to file a complaint with your state workers’ compensation agency.

You can also contact an employee rights lawyer for legal advice on how to get coverage for a workplace injury.

How Can a Lawyer Help if Employers Don’t Follow OSHA?

Whistleblower laws and labor laws protect you against dangerous work conditions. If your employer doesn’t take abatement action to correct those dangers, you can refuse work. If your employer fires you for refusing to work through job safety risks, you can report them for workplace retaliation.

State laws may also offer protections against workplace safety hazards. An experienced employment law attorney can tell you about your legal rights to refuse unsafe work if you suffer retaliation. Your attorney may be able to file a civil lawsuit for wrongful termination that seeks reinstatement and compensation for back pay and lost benefits.