OSHA protects the rights of a worker to refuse to work under dangerous conditions provided a number of steps are followed.
Premise: A worker cannot be made to work if this will result in death or significant injury.
Situation: The worker refuses to work.
Elements involved:
(1) The worker perceives a hazard that could result in severe injury or death.
(2) A reasonable person would agree that a significant hazard exists.
(3) The worker has alerted the employer of the hazard.
(4) The employer refuses to remediate the hazard.
(5) There is insufficient time to file a complaint about work conditions with OSHA.
(6) The worker is acting in good faith.
(7) The worker asks to be assigned to other work.
(8) The worker has stayed on the worksite until ordered to leave by the employer.
Additional factors:
(1) There is objective evidence to support the worker's claim.
(2) The employer takes action against the worker (fires or discriminates against the worker) in response to a complaint by the worker.
A worker's claim of rights being violated is supported if both of the following are present:
(1) all of the above elements
(2) the employer takes action against the employee.
The worker's claim may be unsupported if:
(1) the worker walks off the jobsite without employer action
(2) the worker is not acting in good faith
(3) there was enough time to file a complaint
(4) there is no objective evidence of the hazard
