What if there is a hazardous condition at your workplace that threatens your health or safety? You tell your boss about it but he or she fails to remedy the situation. Can you refuse to work? Yes, under certain conditions, according to the United States Department of Labor (USDOL). You have a legal right to refuse to work in a dangerous work environment.
First, you should report the dangerous working condition to your employer. You can also file a report with OSHA, but OSHA may not have enough time for an inspection if the hazardous condition is immediate. The USDOL says you can refuse to perform a task at work if all of the following conditions exist:
· You reported the danger to your employer and the employer failed to address the situation
· You refused to work in good faith – there must be an actual imminent danger present
· A reasonable person would believe that there is a danger of injury or death from the situation
· There is no time to remedy the problem through OSHA channels
If all of the above circumstances are present, you can:
- Ask your employer to correct the hazard, or to assign 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.
Lastly, your employer cannot retaliate against you for refusing to work under the above circumstances.
Harrell & Nowak, L.L.C. – New Orleans injury lawyers