What Should I Do if There Is a Dangerous Situation at Work?
Under federal and some state laws, employers must provide workers with a safe and healthy workplace. If there are unsafe working conditions present at your workplace, you have the option of reporting a violation to OSHA. In some cases, you can even refuse to work if you believe conditions are dangerous.
Are All Workers Covered by OSHA?
The Occupational Safety and Health Administration (OSHA) is a federal agency that oversees U.S. workplace safety and enforces various workplace standards. While not all workers are covered by OSHA, most private-sector employers are required to follow OSHA regulations.
What Are Unsafe Working Conditions?
Unsafe working conditions can be anything in which workers are exposed to hazards that could cause illness, physical harm, or death. These hazards can include anything from poor ventilation and lighting to dangerous chemicals and machinery.
Unsafe Conditions vs. Unsafe Acts — What’s the Difference?
Unsafe working conditions aren’t always the same as unsafe acts. Unsafe acts are anything employees do that violates workplace safety procedures. This can include misusing equipment or failing to wear personal protective equipment. The way to correct unsafe acts is to educate and train employees while correcting unsafe conditions requires a change in the workplace environment and/or management.
Types of Unsafe Working Conditions
Unsafe working conditions can create a significant risk to workers and come in many different forms:
- Physical hazards — These are physical dangers that can harm workers, such as broken machinery, exposed electrical wiring, cracked flooring, and insufficient scaffolding.
- Chemical hazards — These hazards are caused by exposure to harmful or toxic chemicals, such as pesticides, cleaning products, or industrial chemicals.
- Biological hazards — Biological hazards like foodborne bacteria, mold, and various infestations can cause serious illnesses and even death.
- Ergonomic hazards — Ergonomic hazards refer to improperly adjusted equipment or poorly designed workplaces that can cause repetitive motion and other musculoskeletal injuries.
- Psychosocial hazards — When workers are exposed to psychosocial hazards like harassment or bullying, it can lead to workplace stress, depression, and even physical illness.
An Employee’s Right to Safe Working Conditions
According to OSHA standards, employees have the right to work in a reasonably safe environment with standards that reduce the risk of illnesses, injuries, and death. Unfortunately, many workplaces still have unsafe and dangerous conditions, which are caused by various factors including:
- Poor maintenance — When equipment isn’t maintained properly, it can break down or malfunction, causing serious accidents and injuries.
- Defective equipment — If a business purchases defective equipment and doesn’t do anything to correct the problem, this can lead to accidents and injuries.
- Lack of protective equipment — Workers who don’t get access to required personal protective equipment (PPE), fall arrest equipment, or other safety equipment are more likely to get injured at work.
- Human error — If an employer demands that employees work in dangerous weather, too many hours, or with a lack of experience or training, this could contribute to human error and workplace accidents.
What to Do If There is a Dangerous Situation at Work
If you believe that the conditions at your workplace are dangerous, there are two things you can do — report the problem and refuse to work.
Report a Dangerous Situation at Work
Your first step should be to report the hazard to your employer, as it’s usually the most efficient and fastest way to address a workplace danger. If your employer fails to take appropriate action, you should submit a complaint to OSHA that includes enough information so that it can quickly trigger an on-site inspection.
Your Right to Refuse to Work
According to OSHA, employees have the right to refuse to do a task they believe is dangerous as long as the following conditions are met:
- When possible, the employee has asked their employer to eliminate the dangerous condition, and the employer failed to do so;
- The employee refused to do the work in “good faith,” meaning they truly believed that there was an imminent danger of harm;
- A reasonable person would agree that there is a real danger of serious injury or death; and
- There isn’t enough time, due to the nature of the hazard, to have it corrected through other channels, such as having OSHA inspect the workplace.
If you do refuse work under these conditions, your employer may not retaliate against you. If they do, you may be able to file a discrimination complaint.
Learn More About Your Rights in Dangerous Workplace Situations
OSHA’s standards were created to protect workers’ health and safety. Without these important protections, there would be an even higher rate of work-related accidents, injuries, and deaths than those currently experienced.
Since most U.S. employers are subject to OSHA regulations, this means that workers have the right to expect certain protections and report dangerous situations if they see or suspect them. If you’ve been injured at work and would like to learn more about your rights, an OSHA Injury Attorney can help.
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