When You Can Refuse Work
You have the right to refuse to work when ALL of these conditions are met:
- You believe there is a serious danger of injury or death
- A reasonable person would agree there is a real danger
- There isn't enough time to fix the problem through regular OSHA channels
- You've asked your employer to fix the hazard, but they failed to do so
Examples of serious dangers include:
- Working at heights without fall protection
- Working in a trench that shows signs of cave-in
- Using equipment with missing guards or safety devices
- Working with hazardous chemicals without proper protection
- Working near exposed live electrical wires
How to Properly Refuse Dangerous Work
Follow these steps to protect yourself legally:
- Tell your supervisor or employer about the hazard
- Explain exactly what the danger is
- Ask them to fix the problem
- Offer to do other work until the hazard is fixed
- State clearly that you are refusing to work because of safety concerns
- Be specific about the danger
- Refer to OSHA regulations if you know them
- Stay calm and professional
- Remain at the worksite
- Don't just leave the jobsite
- Stay in a safe area during your regular work hours
- Be available for other assignments if offered
- Contact OSHA if the situation isn't resolved
- Call 1-800-321-OSHA (6742)
- Explain the situation
- Request an inspection if needed
Your Protection Against Retaliation
It's illegal for employers to punish you for refusing dangerous work when you've followed the proper steps. Protected activities include:
- Filing an OSHA complaint
- Participating in an OSHA inspection
- Talking to an OSHA inspector
- Reporting an injury or illness
- Requesting safety information from your employer
- Refusing to perform dangerous tasks
If you experience retaliation (firing, demotion, reduced hours, etc.), you must file a whistleblower complaint with OSHA within 30 days.
What Is NOT Covered
You cannot legally refuse work just because:
- The job is generally dangerous or uncomfortable
- You prefer to do something else
- You're concerned about long-term health effects (unless immediate danger exists)
- You have a general fear without specific evidence of danger
- You want better safety equipment when existing equipment meets standards
Common Questions
"Will I still get paid if I refuse work?"
You should be reassigned to other duties. If not, rules vary by state and employment contract. Consult with OSHA or a workers' rights attorney.
"What if my employer says I'll be fired?"
Explain that refusing dangerous work is your legal right. Document everything. If you're disciplined or fired, file a whistleblower complaint with OSHA immediately.
"What if my coworkers don't support me?"
Your right to refuse dangerous work is individual. You don't need group agreement, though having witnesses can strengthen your case.