Dangerous work, refusing

As we have already seen, the right to refuse dangerous work appears in the occupational safety and health systems of most industrialized countries to some extent, yet nowhere has it emerged as a major line of defense against avoidable risk. There is a simple reason for this. If... 

G. Gray (2002) A Socio-Legal Ethnography of the Right to Refuse Dangerous Work, Studies in Law, Politics, and Society, 24 133-169. 

It is the ironic feature of assiunption of risk that it penalizes the worker for being conscious of safety conditions and even for making representations to the employer. The reasoning is if the worker knew the dangers existed and yet continued to work, this indicates that the worker consented to these dangers as part of a larger employment transaction had there not been sufficient compensation ex ante the worker would have refused the hazardous work. Perhaps the best-known American case in which this defense was raised was that of Sarah Knisley (1913), who lost an arm in a grinding machine. She had previously complained... 

Employees also cannot be punished for refusing a work assignment if they have a reasonable belief that it would put them in danger or cause serious physical harm, provided that they have requested the employer to remove the danger and the employer has refused and provided that the danger cannot be eliminated quickly enough through normal OSHA enforcement procedures. 

Workers and their representatives can participate freely in safety and health activities at the worksite withont fear of reprisal. Procedures are in place for communication between employer and workers on safety and health matters. Worker rights under the Occnpational Safety and Health Act to refuse or stop work that they reasonably beheve involves imminent danger are understood by workers and honored by management. Workers are paid while performing safety activities. 

Persons who complain about an alleged danger or safety or health violation Persons who refuse to work in the face of a hazardous condition Persons who are the subject of medical evaluation and job transfer under law Persons who institute any proceedings under the act... 

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