Can I refuse to work under dangerous workingconditions?
Under normal circumstances, your employer can initiate action against you if you refuse to work. However, according tothe U.S. Department of Labors Occupational Safety and Health Administration (OSHA), if you, in good faith, believethat your workplace is puttingyou in the way of harm and proves to be dangerous, you maybe protected from termination.
What is Imminent Danger?
An imminent danger can be defined as an immediate threat to anemployees life or a dangerous situation that can cause serious physical damage in a short time frame. A number of serious situations have been classified by OSHA as imminently dangerous.Imminent danger includes anemployee who, in good faith, believes that his or her work exposes him or her to:
severe physical harm or the threat to lifeany toxic substance that posesa health hazardorexposes the employee to life-threatening physical or mental harmunnecessary and unbearable loud noises that lead to occupational deafnessShould I Immediately Refuse to Work orQuit?
In any situation, especially if you are under a contract of employment, you cannot terminate your employment, whether the situation is unsafe or not. Refusal to working can lead to disciplinary action against you or you can be fired from your job, eliminating your chances of the right to filing a valid complaint.If you believe your working conditions are putting you in immenint danger, immediately contact a St. Louisworkers compensation lawyer.
Who Can I Contact For Help?
Your work environment, the imminent danger, and the threat surrounding it should be discussed with the right persons who can help you resolve the issue in a safe and legal manner.Contact:
your Missouri workers compensation lawyeraunion representativefile a complaint with OSHAWhat Protection Will I Get?
OSHA regulations and protection maybe extended to you if your situation meets each of the following conditions:
Your employer failed to eliminate the danger in your workplace when you asked,Your refusal was in good faith (not to disruptor cause disturbance) and you believed that you were exposed to imminent danger,Any reasonable person would confirm that you were exposed to imminent danger in your workplace,Your refusal to work was done in a situation of urgency, as there was insufficient time to correct the issue via any standard procedure (such as registering an OSHA request for inspection).
Contact a St. Louis workers compensation lawyer to protect your legal rights. Call The Law Office of James M. Hoffmann at (314) 361-4300.