The Arsenal Files 4/The Arsenal Files 4 (Arsenal Computer).ISO/health/osha.18

Text File | 1995-01-22 | 6KB | 121 lines

INFORMATION DATE  19920827
DESCRIPTION       USDOL Program Highlights - Responding to Workplace
                  Emergencies
TOPIC             Worker Protection
SUBJECT           Protecting Workers in Imminent Danger
ABSTRACT          If a health or safety hazard at the workplace puts a
                  worker in imminent danger of death or a serious injury
                  including situations immediately dangerous to life and
                  health, the supervisor should be notified immediately.
                  The condition must be corrected so that no workers
                  will be exposed to the danger until it is eliminated
                  or controlled.



U.S. Department of Labor
Program Highlights
_________________________________________________________________________
Fact Sheet No. OSHA 92-18

PROTECTING WORKERS IN IMMINENT DANGER

In Imminent Danger

   If a health or safety hazard at your workplace puts you in imminent
danger of death or a serious injury including situations immediately
dangerous to life and health, tell your supervisor immediately.  Ask that
the condition be corrected and that no workers be exposed to the danger
until it is eliminated or controlled.

   If your employer does not take steps to remove the danger, you may
contact the nearest office of the Occupational Safety and Health
Administration (OSHA) or your state occupational safety and health
authority.  OSHA should be listed under "U.S. Government, Department of
Labor" in your telephone directory.  If you live in one of the 25 states
or territories which operate their own OSHA programs, you will find the
listing under a state government heading such as "Department of Labor" or
"Department of Industry."

   Tell OSHA the facts.  Be specific.  Identify the hazard which
concerns you.  If you request, OSHA will not reveal your name to your
employer, so don't hesitate to give OSHA your name, address, and a
telephone number where you can be contacted.

What OSHA Can Do

   The director of the closest OSHA area office will review your
complaint and immediately decide whether OSHA should make an
investigation.  If he or she decides that an investigation is necessary,
an OSHA inspector or "compliance officer" will conduct an inspection of
your workplace--usually the same day you report the problem.  Reports of
imminent dangers receive the highest priority for OSHA inspections.

   If OSHA cannot inspect within one working day after receipt of the
report, the area director will contact the employer immediately to
request that the hazard be corrected and any affected employees
removed from the danger area.  An inspection to determine whether the
imminent danger has been eliminated will then be conducted at a later
time.

   During an inspection, if compliance officers find an imminent danger,
they will ask your employer to correct the hazardous condition and remove
endangered employees from the area.

   If your employer refuses, OSHA may post an "Imminent danger" notice
and may seek from the nearest federal district court for an order
requiring the employer to remove the danger.  Before the OSHA inspectors
leave the workplace, they will inform all affected employees of the
hazard.

Refusing Dangerous Work

   OSHA can protect you if you are discharged or otherwise disciplined
for refusing to perform a task that would expose you to imminent danger
of death or serious injury, providing you have sought and been unable to
obtain a remedy from your supervisor and there is insufficient time to
have the condition corrected through filing a complaint with OSHA.

   You may also be protected by the National Labor Relations Board
(NLRB) if you refuse dangerous work in cooperation with or on behalf of
other workers.  OSHA and the NLRB cooperate in refusal-to-work cases
involving health or safety hazards.  You may contact either agency to
discuss your case if you have been punished for refusing dangerous work.

You Cannot Be Penalized For Reporting A Hazard

   Under the Occupational Safety and Health Act, it is against the law
for your employer to punish you for reporting a safety or health hazard.
You cannot be discriminated against, fired, demoted, or otherwise
penalized for complaining to your employer about a hazard, requesting an
OSHA inspection,  participating in union safety and health activities, or
otherwise exercising your rights under the OSH Act.

   If you believe you have been illegally punished, you must file your
complaint with OSHA within 30 days for it to be timely.

   OSHA can take action, including going to court if necessary, to force
your employer to restore your job, earnings, and benefits.  You will not
have to pay any legal fees.

Health Hazards Can Cause Imminent Danger

   Many people think that only safety hazards which could cause
accidents can be considered imminent dangers.

   It is important to remember that health hazards can cause imminent
dangers.  Exposure to some toxic substances or dangerous fumes, dusts, or
gases can cause irreversible physical harm, shortened life, or reduced
physical or mental performance.  OSHA may consider such hazards to be
imminent dangers even if the health effects of exposure to these hazards
do not become immediately apparent.

_________________________________________________________________________
This is one of a series of fact sheets highlighting U.S. Department of
Labor programs. It is intended as a general description only and does not
carry the force of legal opinion. This information will be made available
to sensory impaired individuals upon request.  Voice phone: [phone].
TDD message referral phone: [phone].