Imminent Danger 2.12.1 Employees Can Report Imminent Danger to OSHA

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 "US. 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.

OSHA Responds with Inspection

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.

Imminent Danger Warning

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. 

Inspection Priorities | OSHA Inspection

Obviously, not all workplaces covered by the OSH Act can be inspected immediately. Because the worst situations need attention first, OSHA has established the following system of inspection priorities.

Imminent Danger

Imminent danger situations are given top priority. An imminent danger is any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures.

Serious physical harm is any type of harm that could cause permanent or prolonged damage to the body or which, while not damaging the body on a prolonged basis, could cause such temporary disability as to require in-patient hospital treatment. OSHA considers that "permanent or prolonged damage" has occurred when, for example, a part of the body is crushed or severed; an arm, leg, or finger is amputated; or sight in one or both eyes is lost.

This kind of damage also includes that which renders a part of the body either functionally useless or substantially reduced in efficiency on or off the job. An example: bones in a limb shattered so severely that mobility or dexterity will be permanently reduced.

Temporary disability requiring in-patient hospital treatment includes injuries such as simple fractures, concussions, burns or wounds involving substantial loss of blood and requiring extensive suturing or other healing aids.

Injuries or illnesses that are difficult to observe are classified as serious if they inhibit a person in performing normal functions, cause reduction in physical or mental efficiency or shorten life.

Health hazards may constitute imminent danger situations when they present a serious and immediate threat to life or health.

For a health hazard to be considered an imminent danger, there must be a reasonable expectation that:

• Toxic substances such as dangerous fumes, dusts or gases are present, and

• Exposure to them will cause immediate and irreversible harm to such a degree as to shorten life or cause reduction in physical or mental efficiency, even though the resulting harm is not immediately apparent.

Hazard Notification

Employees should inform their supervisor or employer immediately if they detect or even suspect an imminent danger situation in the workplace. If the employer takes no action to eliminate the danger, an employee or the authorized employee representative may notify the nearest OSHA office and request an inspection.

The request should identify the workplace location, detail the hazard or condition and include the employee's name, address and telephone number. Although the employer has the right to see a copy of the complaint if an inspection results, the name of the employee will be withheld if the employee so requests.

The OSHA area director reviews the information and immediately determines whether there is a reasonable basis for the allegation. If it is decided the case has merit, the area director will alert the OSHA regional administrator and the regional solicitor, and assign a compliance officer to conduct an immediate inspection of the workplace.

Upon inspection, if an imminent danger situation is found, the compliance officer will ask the employer to voluntarily abate the hazard and to remove endangered employees from exposure. Should the employer fail to do this, OSHA may apply to the nearest Federal District Court for appropriate legal action to correct the situation.

Before the OSHA inspector leaves the workplace, he or she will advise all affected employees of the hazard. Should OSHA "arbitrarily or capriciously" decline to bring court action, the affected employees may sue the Secretary of Labor to compel the Secretary to do so. Such action can produce a temporary restraining order (immediate shutdown) of the operation or section of the workplace where the imminent danger exists.

When an Employee Refuses to Work

Walking off the job because of potentially unsafe workplace conditions is not ordinarily an employee right. To do so may result in disciplinary action by the employer. However, an employee does have the right to refuse (in good faith) to be exposed to an imminent danger. OSHA rules protect employees from discrimination if:

• Where possible, he or she asked the employer to eliminate the danger, and the employer failed to do so; and

• The danger is so imminent that there is not sufficient time to have the danger eliminated through normal enforcement procedures; and

• The danger facing the employee is so grave that "a reasonable person" in the same situation would conclude there is a real danger of death or serious physical harm; and

• The employee has no reasonable alternative to refusing to work under these conditions.

If an imminent danger situation is found, the compliance officer will ask the employer to voluntarily abate the hazard and to remove endangered employees from exposure. Should the employer fail to do this, OSHA, through the regional solicitor, may apply to the Federal District Court for an injunction prohibiting further work as long as unsafe conditions exist.

Catastrophes and Fatal Accidents

Second priority is given to the investigation of fatalities and accidents resulting in hospitalization of three or more employees.

Such catastrophes must be reported to OSHA by the employer within eight hours. OSHA investigates to determine the cause of such accidents, whether existing OSHA standards were violated, and whether additional standards are necessary to help avoid a recurrence of similar accidents.

Employee Complaints

Third priority is given to formal employee complaints of alleged violations of standards or of unsafe or unhealthful working conditions.

Every employee has the right to request an OSHA inspection when that employee feels he or she is in imminent danger from a hazard or when he or she feels that there is a violation of an OSHA standard that threatens physical harm. OSHA will maintain confidentiality if requested, will inform the employee of any action it takes regarding the complaint and, if requested, will hold an informal review of any decision not to inspect.

OSHA's Programmed Inspections

OSHA's next priority is programmed inspections aimed at specific high hazard industries, occupations, or health substances, or other industries identified in OSHA's current inspection procedures. Industries are selected for inspection on the basis of such factors as the injury incidence rates, previous citation history, employee exposure to toxic substances, or random selection. Special emphasis programs may also be developed and may be regional or national in scope, depending on the distribution of the workplaces involved.

Comprehensive safety inspections in manufacturing will be conducted normally in those establishments with lost work-day injury rates at or above the BLS national rate for manufacturing currently in use by OSHA. States with their own occupational safety and health programs may use somewhat different systems to identify industries for inspection.

Follow-Up Inspections

A follow-up inspection determines if previously cited violations have been corrected. If an employer has failed to abate a violation, the compliance officer informs the employer that he/she is subject to "Failure to Abate" alleged violations and proposed additional daily penalties while such failure to abate or violation continues.

Records Review

A records review is an examination of the employer's injury and illness records to determine whether there will be a comprehensive inspection of the workplace. The compliance officer reviews the OSHA Form 200 (log of occupational injuries and illnesses) and employment data of the establishment. Using these data, the compliance officer calculates the lost workday injury (LWDI) rate for the establishment. This figure is compared to the national average for manufacturing, published by the Bureau of Labor Statistics (BLS). If the calculated LWDI rate is below the BLS rate, the compliance officer will not normally conduct a comprehensive safety inspection. If the LWDI rate is above the national average, an inspection will be conducted.