Working in unsafe conditions can put employees at serious risk of injury or even death. If you're employed in New York, you may wonder if you have the right to refuse to work when conditions are hazardous. In this article, we explore your rights under federal and New York state law, offering insights into when you can lawfully refuse to work in unsafe environments and what protections you have if you decide to take such a stand.

The Legal Framework: OSHA and Employee Rights

The Occupational Safety and Health Act (OSHA),  is the primary federal law governing workplace safety in the United States. OSHA mandates that employers provide a workplace that's free from hazards that might cause harm or death. Under OSHA, employees have specific rights, including:

• The right to report unsafe conditions without fear of retaliation.
• The right to request an OSHA inspection if they believe their workplace is unsafe.
• The right to view records of workplace injuries and illnesses.

When Can You Refuse to Work?

Refusing to work is a serious step and should not be taken lightly. OSHA does permit employees to refuse work under very specific conditions. According to OSHA guidelines, you may refuse to work if:

1. The working conditions pose a clear danger of death or serious injury.
2. There is insufficient time to report the hazard to OSHA.
3. You have already informed your employer of the unsafe conditions, but they have failed to address the problem.

In these situations, employees are protected from termination or retaliation. However, the refusal must be reasonable and in good faith, meaning that an average person would view the working conditions as posing an imminent risk.

Specific Protections in New York

In addition to federal OSHA protections, New York labor laws provide additional rights to workers. The New York State Department of Labor requires employers to comply with OSHA standards and enforces its own safety regulations. New York's Section 740 of the Labor Law protects whistleblowers who report safety violations. This law prohibits employers from retaliating against employees that refuse to work due to unsafe conditions if those conditions violate state or federal laws.

What to Do if You Feel Unsafe

If you feel like your working conditions are unsafe, taking the proper steps can protect you both physically and legally. Here's a list of recommended actions to follow:

• Inform your employer: Notify your supervisor or employer about the unsafe conditions as soon as you notice them. In many cases, employers may not be aware of the issue and can take immediate action to remedy the situation.
• Document the unsafe conditions: Keep detailed records, including photographs and written notes, of the hazardous conditions. This documentation can be crucial if legal action is necessary.
• Report the issue to OSHA or the New York State Department of Labor: If your employer fails to address the problem, you have the right to file a complaint with OSHA or the state's labor department. Inspections can be requested, and your employer is prohibited from retaliating against you for reporting unsafe conditions.
• Refuse to work only as a last resort: If the hazard is severe and immediate, and your employer fails to address it, you can refuse to work. However, this should be done only when other options, such as reporting the issue, have been exhausted.

Statistics on Unsafe Work Conditions

Unsafe work environments are not as rare as one might hope. According to the U.S. Bureau of Labor Statistics (BLS), there were 4,764 fatal work injuries reported in the United States in 2020 alone. In New York, the construction industry remains one of the most hazardous, with the BLS reporting over 56,000 non-fatal workplace injuries in the state for the same year.

Moreover, data from OSHA shows that companies in violation of safety standards face millions of dollars in fines each year, underscoring the importance of maintaining a safe workplace for employees. Despite regulations, unsafe conditions continue to put workers at risk across various industries, making it imperative for employees to understand their rights.

Consequences for Employers

Employers who fail to address unsafe working conditions face significant legal and financial consequences. OSHA has the authority to fine companies for non-compliance, and in extreme cases, businesses may be shut down until safety violations are corrected. Fines can range from just a few thousand dollars to $145,027 for willful or repeated violations.

Additionally, New York law permits employees who are retaliated against for reporting unsafe conditions to seek compensation for lost wages, reinstatement of employment, and other damages. This adds another layer of accountability for employers to maintain a safe working environment.

Employer Responsibilities

Employers are legally and ethically obligated to make sure there is a safe working environment. This includes:

• Providing necessary protective equipment such as hard hats, gloves, or respirators.
• Training employees on how to safely do their jobs.
• Conducting regular inspections and addressing any identified hazards promptly.
• Complying with OSHA regulations and state safety laws.

Failure to fulfill these obligations not only endangers employees but also exposes employers to potential lawsuits, fines, and damage to their reputation.

Conclusion

Employees in New York have the right to refuse work in unsafe conditions, but only under specific and extreme circumstances. It's essential to follow the correct steps, including notifying your employer, documenting hazards, and reporting issues to OSHA or the state labor department before refusing to work. By understanding your legal rights and acting responsibly, you can protect yourself from harm while also ensuring that you remain compliant with the law.

Injured? The Office of Brandon J. Broderick, Workers Comp Lawyers, Can Help

If the unfortunate happens and you’ve been injured in a work accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.