H. Right to Work in a Safe Environment

The 1970 Occupational Safety and Health Act requires employers to provide a safe and healthful workplace. The Occupational Safety and Health Administration (OSHA) is the federal agency created to enforce the law in this area. The law protects employees who band together to protest wages, hours, or working conditions. Under this law, workers are allowed to refuse to perform in a dangerous environment (e.g., in the presence of toxic substances, fumes, or radioactive materials) and to strike to protest unsafe conditions. Employees may also initiate an OSHA inspection of alleged dangerous working conditions by filing a safety complaint and cannot be retaliated against by taking such action when justified. While it may not necessarily be a good idea to walk off the job suddenly when you believe you are working in a dangerous or unhealthy environment unless it is likely that the work is placing you in imminent danger of serious injury, always discuss such conditions with a supervisor, union delegate, management, or OSHA representative. This will make your demands seem more reasonable and minimize potential conflict.

Tip:Employers cannot fire, demote, or transfer workers who assert their health and safety rights to any federal, state, or local agency empowered to investigate or regulate such conditions. Contact your union, regional labor relations board, OSHA representative, lawyer, or state department of labor if you believe your rights have been violated.

In one case, for example, seven machine-shop workers walked off their jobs, claiming it was too cold to work. The company fired them, stating they violated company rules by stopping work without notifying the supervisor. The workers filed a complaint alleging this was an unfair labor practice, The U.S. Supreme Court ruled that the employees had a constitutional right to strike over health and safety conditions, and that the firing violated the law. The workers were awarded back pay and job reinstatement as a result.