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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6755
Experience:  Significant experience in all areas of employment law.
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i work in construction. i refused to work with a guy because

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i work in construction. i refused to work with a guy because of the misuse of heavy equipment. it was done with 3 of us on the ground within 1-3 feet of the equipment. it could have been serious. he has a history of working unsafe and throwing temper tantrums. i reported him and nothing came of it. i now refuse to work with him but i am being threatened with termination. i have already been disciplined for refusing to work with him and fear i will be fired for it if i refuse again. is it legal to fire me for this?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear that you are being forced to work in an unsafe environment and I can certainly understand why your employer's demands must be frustrating.

Pursuant to OSHA, an employer has a duty to provide a safe work environment for its employees and protect them from risks of serious harm. A worker can make a formal OSHA complaint to grieve about workplace dangers, but can only refuse work in limited circumstance. According to OSHA, an employee's right to refuse to do a task is protected only if all of the following conditions are met:

- Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and
- You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists; and
- A reasonable person would agree that there is a real danger of death or serious injury; and
- There isn't enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

For more information on refusing work due to workplace danger, see this link: http://www.osha.gov/as/opa/worker/refuse.html

To file an OSHA complaint, see here: http://www.osha.gov/as/opa/worker/complain.html

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6755
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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