An imminent danger is a workplace hazard that puts you at an immediate risk of death or serious physical harm. It may be a safety hazard, such as an unstable trench or an exposed electrical wire, or it may be a health hazard, such as toxic substances, dangerous fumes, dusts or gases. These dangers could cause irreversible physical harm, death or reduced physical or mental performance.
Encountering an Imminent Danger
If a safety or health hazard puts you in imminent danger of death, serious injury or illness, notify your supervisor immediately and request a corrective action to the problem. Also request that you get protection from the hazard until it is eliminated or controlled.
How You Are Protected
The Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board work together to protect employees who are punished for refusing to work in imminently dangerous situations that involve serious safety and health hazards. In addition, OSHA can provide assistance if you are discharged or disciplined for refusing to do work that would expose you to imminent danger, providing that you notified your supervisor of the hazard, the hazard has not been corrected, and there is not enough time for you to seek relief through OSHA’s standard complaint process.
No Consequences
In addition, it is illegal for your employer to punish you for reporting a safety or health hazard under the Occupational Safety and Health Act (OSH Act). This law protects you from being discriminated against, fired, demoted or otherwise penalized for any of the following:
- Complaining to your supervisor about a hazard
- Requesting an OSHA inspection
- Participating in union safety and health activities
- Otherwise exercising your rights under the OSH Act
If Your Rights Are Violated
If you believe that your rights have been violated, you must file a complaint with OSHA within 30 days of the incident. OSHA can then work with your employer to restore your job, earnings and benefits. You will also not have to pay any legal fees.
For further construction and risk management resources, contact INSURICA today.
This is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. ©2024 Zywave, Inc. All rights reserved
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