Jay S. Rothman & Associates
  • Home
  • About
  • Employment Law
    • Employer Retaliation
    • Harassment
    • Discrimination
    • Wage And Hour Disputes
    • Wrongful Termination
    • Employee Rights FAQ
  • Blog
  • Contact
Select Page

Understanding the right to refuse dangerous work

On behalf of Jay S. Rothman & Associates | Jan 17, 2019 | Firm News, retaliation

When you go to work in the state of California, the last thing you should ever worry about is your safety. Unfortunately, there are instances where employees encounter work situations that are so perilous that their health or life could be at risk. Should you encounter such a situation, remember that your employer cannot compel you to endanger your life by taking on an unsafe task.

According to OSHA, you can exercise your right to refuse dangerous work if certain conditions have been met. First, an employee should have informed their employer about the problem. However, the employer has not taken corrective steps to handle the issue. The worker, by refusing to do the work, must believe that imminent danger is present and that under a reasonable standard danger to the worker’s health and safety existed. Finally, the danger must be so urgent that you cannot wait for the relevant enforcement agencies to arrive and correct the issue.

Federal law protects the right of a worker to blow the whistle on work practices that are dangerous, including situations that are both immediately harmful and those that present risks but are not imminently dangerous. Per FindLaw, in the latter situations, you can provide a written statement to your employer. Should the employer not handle the condition, you can go to OSHA or a California occupational safety agency with a complaint about the situation.

These rights are meant to guard your safety in the workplace. So if you take your concerns to your employer, you should face no retaliation for doing so. If your employer does decide to retaliate against you, by demoting you, stripping you of benefits, or firing you, you may have a case of illegal retaliation.

Recent Posts

  • 3 tell-tale signs of immigration status discrimination
  • Is it discrimination?
  • Study: Reporting sexual harassment usually results in retaliation
  • What Does Pregnancy Discrimination Look Like?
  • How common is age discrimination?

Archives

  • February 2021
  • November 2020
  • October 2020
  • August 2020
  • May 2020
  • March 2020
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018

Categories

  • blog
  • Firm News
  • retaliation
  • sexual harassment
  • wage and hour
  • Workplace discrimination
  • wrongful termination

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Request A Consultation

Office Location

Jay S. Rothman & Associates

21900 Burbank Blvd.
Suite 210
Woodland Hills, CA 91367

Phone: 818-986-7870

Woodland Hills Employment Law Office
  • Follow
  • Follow
  • Follow
Review Us

© 2021 Jay S. Rothman & Associates. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters

Share This
  • Facebook
  • Twitter
  • LinkedIn