Not all work activity is protected. In other words, employees have limited rights under the OSH Act to refuse to do a job because the conditions are hazardous. Employees may only do so when:
- They believe they face death or serious injury (and the situation is so clearly hazardous that any reasonable person would believe the same thing);
- They have tried to get the employer to correct the condition, and there is no other way to do the job safely; and
- The situation is so urgent that they do not have time to eliminate the hazard through regulatory channels, such as calling OSHA.
Importantly, regardless of the unsafe conditions in the workplace, an employee is not protected if they simply walk off the job.