Q: What if you work for an employer that is considered an essential business and...
What if you work for an employer that is considered an essential business and you work in close contact with other employee's and there is not adequate safety protection like Masks, Gloves, disinfectant, can you refuse to go to work, if the employer refuse to provide the safety items?
A: If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA and ask for an inspection. It is illegal for an employer to retaliate against you for filing an OSHA complaint. Moreover, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of paid leave if he or she works for a covered employer with less than 500 employees. This seems like an instance where a health care provider may recommend a self-quarantine. Talk with your doctor.
Alberto Naranjo agrees with this answer
A: Of course; unless you are in the military you can always refuse to go to work. And, as Mr. Lechner has indicated, you can file an OSHA complaint. If you do so, your employer may want to consider whether firing you would be illegal retaliation.
A: I agree with all the other two attorneys but note that there are some exceptions for medical leave related to coronavirus for certain employees but I would recommend having an inspection done and speaking not only with your doctor but an employment attorney as well. Thank you for working during this time, I know it is hard but many employees are in your same position.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
