Menu Contact
Injured? Call Us Today
800-800-8539
Walborsky & Bradley
Focused On You And Your Recovery
View Our Practice Areas In this Section

Can you refuse to work in a dangerous situation?

Imagine going to work and being told you need to do something that you know is extremely dangerous. You don't have the right equipment or training, but your employer believes you can still get the job done.

You need to know your rights in this kind of situation. There is no reason that any employer should put his or her employees in harm's way purposefully.

Do you have a right to refuse that work, and if so, are you protected against losing your job?

Yes, as long as the situation meets certain requirements. First, you'll need to show that you asked your employer to eliminate the danger and that the employer failed to do so. For example, if you asked for a harness before going to work on a structure that poses a fall hazard but were refused, this would qualify. Next, you need to show that you refused to work because you truthfully felt that the risk outweighed the benefits of the job. That means that you genuinely believed you would be in danger if you performed that task as requested.

You should also show that any other person acting reasonably would also identify the threat and refuse to work. If there is time to seek help from the Occupational Safety and Health Administration (OSHA), you should do so. However, if there isn't, then you may be able to refuse to complete the job. Stay at your work site until the employer tells you it's okay to leave, and make sure you tell your employer that you won't work until the hazards are corrected.

In the case that you leave and your employer fires you or retaliates in other manners, you may have a case against your employer. Your attorney can review your case and let you know the possibilities for a claim.

Source: United States Department of Labor Occupational Safety and Health Administration, "Workers' Right to Refuse Dangerous Work," accessed Aug. 03, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Walborsky & Bradley

825 Jenks Avenue
Panama City, FL 32401

Toll Free: 800-800-8539
Phone: 850-250-4252
Fax: 850-434-6116
Map & Directions

438 East Government Street
Pensacola, FL 32502

Toll Free: 800-800-8539
Phone: 850-250-4252
Fax: 850-872-0649
Map & Directions

Toll Free: 800-800-8539
Local: 850-250-4252
Fax: 850-872-0649