Unsafe Working Conditions Attorney

Under the federal OSH Act, employers must provide a workplace "free from recognized hazards" that are likely to cause death or serious harm. California's Cal/OSHA (Lab. Code § 6400) imposes even stricter duties, requiring employers to provide and use safety devices, safeguards, and practices reasonably adequate to render the workplace safe. New York's PESH program enforces similar standards for public employees, while private employers fall under federal OSHA.

Yes, under specific conditions. Under OSHA and California Labor Code § 6311, you can refuse work if you have a reasonable belief that an imminent danger of death or serious injury exists and there is no time to correct the hazard through normal channels. Document the hazard, report it to your supervisor, and contact OSHA or Cal/OSHA. Your refusal is protected from retaliation.

File a complaint with federal OSHA, Cal/OSHA (California), or PESH (New York public sector). Complaints can be filed online, by phone, or by mail. You can request an inspection and your identity can be kept confidential. In California, Cal/OSHA must respond to serious hazard complaints within 3 days. You are protected from retaliation for filing a complaint.

Federal OSHA penalties range from $16,131 per serious violation up to $161,323 per willful or repeated violation. California's penalties are even higher, with willful violations reaching $166,674. Criminal prosecution is possible for willful violations that result in death. Employers may also face civil lawsuits for negligence and workers compensation claims for any injuries that result.