What if an employee has asked the Occupational Safety and Health Administration (OSHA) to investigate because they believe it is unsafe to come to work or perform specific duties and claims retaliation if the employer takes action against them for refusing to come to work or perform these duties?
Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category: Refusal to Work
Answer:
Employees have the right to file a complaint and request OSHA to conduct an inspection if they believe serious workplace hazards exist in the workplace.
Section 11(c) of the Occupational Safety and Health Act (OSH Act) prohibits employers from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act, including the right to file a complaint. The OSH Act does not protect a worker who refuses to come to work or perform specific duties when there are no workplace hazards. Employees may refuse an assignment only if: (1) they reasonably believe that doing the work would put them in serious and immediate danger; (2) they have asked their employer to fix the hazard; (3) there is no time to call OSHA; and (4) there is no other way to do the job safely.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
