CWA SAFETY BROCHURE

CWA SAFETY BROCHURE

When does a worker have the right to refuse dangerous work?

According to the 1980 Supreme Court ruling in Whirlpool Corp. v. Marshall, a worker has the legal right to refuse a task if they meet these specific criteria: Reasonable Apprehension: You must have a genuine, "reasonable" belief that the work poses an imminent risk of death or serious physical injury/illness. No Alternative: You must reasonably believe there is no less drastic way to complete the task safely. Urgency: The danger must be so immediate that there is no time to eliminate it through regular OSHA enforcement channels.

In light of the Supreme Court's decision, what should CWA members who are faced with an imminent danger situation do?

The Supreme Court has said that a worker may refuse unsafe work where he/she has refused the job in good faith. Good faith may be interpreted as an honest belief that the job was unsafe and where the job was unusually and objectively dangerous.

Good faith can be demonstrated by the manner by which you refuse unsafe work:

  • Explain the hazard to the supervisor and your steward;

  • Offer to do other, safe work until the hazard is corrected;

  • Give management a chance to respond before doing anything else;

  • If the condition isn't corrected, call OSHA and request an "imminent danger" inspection;

  • Do not walk off the job. If management won't fix the hazard, force them to take the next step. Make sure you have expressed your reasons for refusing the job and your willingness to do other work, clearly and in the presence of your steward or other workers.

If you're fired or disciplined:

  • file a grievance immediately;

  • file an unfair labor practice charge with the NLRB immediately but within 180 days;

  • file a section 11(c) discrimination complaint with OSHA immediately but within 30 days.

  • The bottom line is to stay cool. Don't let management provoke you into rash actions, which could hurt your case later.

Proving that your job was "abnormally and objectively dangerous" is a matter of documentation:

  • Was the job one you'd never done before? Or, had the conditions of the job changed recently?

  • Did you protest the job before?

  • Did other workers protest the job before?

  • Did others refuse to do the job?

  • Was the company in violation of OSHA, state or local health and safety regulations?

  • Many chemicals and conditions are clearly dangerous but aren't covered by any standards. Have workers been injured or made sick doing your job? Just what chemicals were you working with?

If any CWA member refuses unsafe work, he/she should notify the Local Union President.

In turn, this information should be made available to the CWA Representative, and the CWA Occupational Safety and Health Department.

What Can You DO?

All CWA members should make sure that their employer is maintaining a safe and healthful workplace. The key to making the workplace safe for all CWA members is strong, active Local safety and health committees. The committee can identify dangerous conditions at the workplace and discuss them with management. If the company refuses to cooperate, the committee can request an OSHA inspection. The committee should always coordinate its activities through the Local officers, the CWA Representative and negotiated safety and health committees.

In addition, CWA members may obtain information and assistance by contacting:

CWA Occupational Safety and Health Department
501 Third Street, N.W.
Washington, D.C. 20001-2797
Phone: (202) 434-1160