What if an employee has asked the Occupational Safety and Health Administration (OSHA) to investigate because they believe it is unsafe during a disease outbreak and the employer takes action against them for refusing to come to work or perform these duties?

Employees have the right to file a complaint and request OSHA to conduct an inspection if they believe serious workplace hazards exist in the workplace. 

Section 11(c) of the Occupational Safety and Health Act (OSH Act) prohibits employers from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act, including the right to file a complaint. 

Workers are not entitled to walk off the job because of potential unsafe conditions at the workplace.  When there is not a real danger of death or serious injury, a worker would ordinarily be expected to bring a hazardous condition to the attention of the employer so that it could be corrected, or to call OSHA. However, under limited circumstances, the OSH Act does protect a worker who refuses to perform assigned tasks. Employees may refuse an assignment only if: 

(1) they reasonably believe that doing the work would put them in serious and immediate danger; 

(2) they have asked their employer to fix the hazard; 

(3) there is no time to call OSHA; and 

(4) there is no other way to do the job safely. 

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance. 

Last Reviewed: 08/31/2011

• During an flu pandemic, can a healthy employee refuse to come to work, travel, or perform other job duties because of a belief that by doing so, he or she would be at an increased risk of catching the flu?
• During a severe pandemic, may employers mandate employees stay home if they or members of their family are known or suspected to have the flu or been exposed to someone with the flu?
• May employers send employees home if they show symptoms of pandemic influenza? Can the employees be required to take sick leave? Do they have to be paid? May employers prevent employees from coming to work?

• Workplace Questions
  • Human Resource Policies
    • Refusal to Work