INFORMATION DATE 19920827
DESCRIPTION USDOL Program Highlights-Responding to Workplace Emergencies
TOPIC Worker Protection
SUBJECT Protecting Workers in Imminent Danger
ABSTRACT If a health or safety hazard at the workplace puts a worker in imminent danger of death or a serious injury including situations immediately dangerous to life and health, the supervisor should be notified immediately. The condition must be corrected so that no workers will be exposed to the danger until it is eliminated or controlled.
U.S. Department of Labor
Program Highlights
Fact Sheet No. OSHA 92-18
PROTECTING WORKERS IN IMMINENT DANGER
In Imminent Danger
If a health or safety hazard at your workplace puts you in imminent danger of death or a serious injury including situations immediately dangerous to life and health, tell your supervisor immediately. Ask that the condition be corrected and that no workers be exposed to the danger until it is eliminated or controlled.
If your employer does not take steps to remove the danger, you may contact the nearest office of the Occupational Safety and Health Administration (OSHA) or your state occupational safety and health authority. OSHA should be listed under 'U.S. Government, Department of Labor' in your telephone directory. If you live in one of the 25 states or territories which operate their own OSHA programs, you will find the listing under a state government heading such as 'Department of Labor' or 'Department of Industry.'
Tell OSHA the facts. Be specific. Identify the hazard which concerns you. If you request, OSHA will not reveal your name to your employer, so don't hesitate to give OSHA your name, address, and a telephone number where you can be contacted.
What OSHA Can Do
The director of the closest OSHA area office will review your complaint and immediately decide whether OSHA should make an investigation. If he or she decides that an investigation is necessary, an OSHA inspector or 'compliance officer' will conduct an inspection of your workplace-usually the same day you report the problem. Reports of imminent dangers receive the highest priority for OSHA inspections.
If OSHA cannot inspect within one working day after receipt of the report, the area director will contact the employer immediately to request that the hazard be corrected and any affected employees removed from the danger area. An inspection to determine whether the imminent danger has been eliminated will then be conducted at a later time.
During an inspection, if compliance officers find an imminent danger, they will ask your employer to correct the hazardous condition and remove endangered employees from the area.
If your employer refuses, OSHA may post an 'Imminent danger' notice and may seek from the nearest federal district court for an order requiring the employer to remove the danger. Before the OSHA inspectors leave the workplace, they will inform all affected employees of the hazard.
Refusing Dangerous Work
OSHA can protect you if you are discharged or otherwise disciplined for refusing to perform a task that would expose you to imminent danger of death or serious injury, providing you have sought and been unable to obtain a remedy from your supervisor and there is insufficient time to have the condition corrected through filing a complaint with OSHA.
You may also be protected by the National Labor Relations Board (NLRB) if you refuse dangerous work in cooperation with or on behalf of other workers. OSHA and the NLRB cooperate in refusal-to-work cases involving health or safety hazards. You may contact either agency to discuss your case if you have been punished for refusing dangerous work.
You Cannot Be Penalized For Reporting A Hazard
Under the Occupational Safety and Health Act, it is against the law for your employer to punish you for reporting a safety or health hazard. You cannot be discriminated against, fired, demoted, or otherwise penalized for complaining to your employer about a hazard, requesting an OSHA inspection, participating in union safety and health activities, or otherwise exercising your rights under the OSHA Act.
If you believe you have been illegally punished, you must file your complaint with OSHA within 30 days for it to be timely.
OSHA can take action, including going to court if necessary, to force your employer to restore your job, earnings, and benefits. You will not have to pay any legal fees.
Health Hazards Can Cause Imminent Danger
Many people think that only safety hazards which could cause accidents can be considered imminent dangers.
It is important to remember that health hazards can cause imminent dangers. Exposure to some toxic substances or dangerous fumes, dusts, or gases can cause irreversible physical harm, shortened life, or reduced physical or mental performance. OSHA may consider such hazards to be imminent dangers even if the health effects of exposure to these hazards do not become immediately apparent.
This is one of a series of fact sheets highlighting U.S. Department of Labor programs. It is intended as a general description only and does not carry the force of legal opinion.