How to Protect Yourself If You Are Forced to Return to Work

As some states prepare to reopen , contrary to expert advice, what protections do workers have if they feel unsafe at work? This concern has become especially urgent following the recent announcement by the Department of Labor that workers who refuse to return to work for general safety reasons cannot continue to receive unemployment benefits .

It is important to note that many OSH measures differ depending on where you live and your specific profession and employer. Think of it as a guide that can help you understand your general rights as an employee, with the caveat that it is best to consult with a legal professional about the details of your specific circumstances.

Unfortunately, even in normal times, the US ranks last among the developed nations when it comes to employee protection. These include requirements for advance notice of workers to layoffs, unemployment benefits in the event of job loss, and weakening of the collective bargaining power of trade unions.

All of this means that employees are particularly vulnerable when it comes to solving workplace problems in the midst of a pandemic and economic crisis that has left millions of people unemployed.

“Employers have an edge,” says Jennifer Glass , a professor of sociology at the University of Texas at Austin who specializes in work and family research.

Come to work, then ask for safety measures.

Refusing to return to work is difficult. For many employees, the best option is to show up for work, according to Catherine Uecker, a Texas RioGrande Legal Aid lawyer that offers free legal aid to low-income Texans. Then, if safety standards are not met in their workplace, the next step is to apply in writing to employers for adaptation.

This action shows up, then the applicant for housing, which offers workers a certain degree of protection. “You should talk to a lawyer before giving up a job,” says Uecker.

Generally speaking, employees who refuse to come to work must demonstrate that they have good reason to believe that there is an immediate and serious threat to their safety. Since the pandemic raises legitimate human safety concerns, this particular line of reasoning has yet to be tested in the courts.

“A general concern probably won’t be a good reason to quit smoking,” says Ann Carder, general law attorney at the Atlanta Legal Aid Society, which offers civil legal aid to low-income people.

Make your initial request to your employer in writing.

If an employee feels unsafe at work, they should first contact their employer.

“Employees should always ask employers to correct concerns first,” says Uecker, adding that it is important to make these requests in writing, as this can provide a paper trail of which requests were made and when.

It is also recommended that you review the safety standards for your industry, both under normal circumstances and the standards associated with COVID-19, before making such inquiries. This will help meet your request. A good place to start is the Occupational Safety and Health Center website , which offers some COVID-19-based safety advice for different occupations, including specific guidance for grocery store workers, healthcare workers, seafood workers, warehouse workers, and more. D.

In an ideal world, this request would be enough for employers to make the changes necessary to keep their employees safe. However, this is not a perfect world, as evidenced by the fact that workers are forced to choose between the risk of contracting the virus or providing for their families.

Security prompts also carry the risk of retaliation. While there are some safeguards against retaliation, in the real world it is a particularly difficult option for workers who cannot afford to miss a paycheck.

Generally speaking, workers can gain access to certain remedies through a jumble of labor laws and remedies that differ depending on where they live, what profession they are in, whether they belong to a protected class, and which companies they work.

“Depending on the circumstances, employees who believe they are working in an unsafe environment may have the legal protections available to them under the Occupational Safety and Health Act, the National Labor Relations Act, the Americans with Disabilities Act, and other local state governments and federal laws, ”says Nandini Sane , labor and employment lawyer at Cozen O’Connor.

Best defense in numbers

If two or more workers make the same request for security measures, this will by default offer them a little more in terms of legal protection. This is not the case for all workers – farm workers as well as supervisors are prime examples – but generally speaking, handling such requests as part of a group provides additional protection under the National Labor Relations Act (NLRA).

For example, if you and some coworkers ask for masks and gloves in the workplace to be issued to everyone, this will provide more legal protection than simply requesting masks and gloves for yourself. This is because the NLRA protects the rights of employees to organize themselves and collectively bargain .

Check with OSHA or your local public health department.

If the request for safety measures does not result in action, the next step is to contact either OSHA or your local health department to file a formal complaint. You can submit your complaint anonymously. Filing a complaint also provides some additional protection against retaliation, a process that is different from any workplace reviews that OSHA may (or may not) conduct.

However, OSHA was largely absent during the pandemic , recently announcing that, in addition to inspecting some high-risk work environments such as healthcare and emergency response, they will not conduct workplace inspections but will provide law enforcement at their discretion. employers.

As Glass points out to OSHA, “We are at the end of a thirty-year spiral of deregulation and weak enforcement.” Glass compares coercion to leave jobs at the discretion of employers to “advising a two-year-old to stay away from an open candy can.”

Alternatively, you can contact your local public health department and file a complaint, as this may offer some additional opportunities to improve workplace safety. Depending on where you live, this could be your city or state health department.

If you feel compelled to choose between risking your health and providing for your family, it is important to know your rights, however limited they may be. This includes reaching out to legal experts as well as reading employment laws and their possible relevance to your situation.

“The worker’s greatest protection is his own value to the employer,” says Glass. This may be little consolation in the midst of the pandemic’s economic collapse, but it’s worth remembering that companies only make a profit through the hard work of their employees.