What is an imminent danger?
An imminent danger is a workplace hazard
that puts you at immediate serious risk of death
or serious physical harm. It may be a safety
hazard such as an unstable trench or exposed
electrical wire that could cause a serious or fatal
accident immediately under present conditions.
It also may be a health hazard such as toxic
substances or dangerous fumes, dusts, or gases
that could cause death or irreversible physical
harm, shorten life, or reduce physical or mental
performance.
What should you do if you encounter
an imminent danger?
If a safety or health hazard puts you in
imminent danger of death or serious injury or
illness, notify your supervisor immediately and
request corrective action. Also ask the supervisor
to provide protection to you and your coworkers
until the hazard is eliminated or controlled.
What if your employer does not act?
Contact OSHA or your state occupational
safety and health authority if your employer does
not promptly take steps to remove or control the
hazard. Call the nearest OSHA office, listed in
your phone book under “U.S. Department of
Labor,” or OSHA’s toll-free number at
(800) 321-OSHA (6742). If you live in a state or
territory with its own OSHA program, look for
the listing under a state government heading such
as “Department of Labor.”
When you call, provide the name and address
of your employer and describe the hazard in
detail and how long it has existed. Also provide
your name, address, and a telephone number
where you can be contacted. If you request,
OSHA will not reveal your name to your
employer.
What will OSHA do?
If, after evaluation, OSHA believes that an
imminent danger exists, an OSHA compliance
safety and health officer will inspect your
workplace the same day you report the problem,
if possible. Reports of imminent dangers receive
the highest priority for OSHA inspections. If the
inspection confirms the presence of an imminent
danger, your employer must notify employees of
the hazard and remove workers from the
imminent danger area. If OSHA is not able to
inspect the site within 1 working day after
receiving the report, the area director will contact
the employer to request that the hazard be
corrected and employees removed from the
danger area. In either case, OSHA will follow up
with a later inspection to ensure that the
employer has eliminated the hazard.
If the employer refuses to correct the hazard,
OSHA may post an “Imminent Danger” notice
and seek a temporary restraining order from the
nearest federal district court requiring the
employer to remove employees from exposure to
the danger. The OSHA compliance safety and
health officer will inform all affected employees
and their representatives of the hazards and their
discrimination sites before leaving the site.
What protections do you have for
refusing dangerous work or reporting
an imminent danger?
OSHA and the National Labor Relations
Board work together to protect employees who
are punished for refusing to work in imminently
dangerous situations involving serious safety or
health hazards. Contact either agency to discuss
your case. In addition, OSHA can protect you if
you are discharged or disciplined for refusing to
do work that would expose you to imminent
danger, provided that you have notified your
supervisor of the hazard, the hazard has not
been corrected, and there is not enough time for
you to seek relief through OSHA’s standard
complaint process.
In addition, it is illegal for your employer to
punish you for reporting a safety or health
hazard. The Occupational Safety and Health Act
( OSH Act) protects you from being discriminated
against, fired, demoted, or otherwise penalized
for any of the following:
complaining to your employer about a hazard;
requesting an OSHA inspection;
participating in union safety and health
activities; or
otherwise exercising your rights under the
OSH Act.
If you believe your rights have been violated,
you must file your complaint with OSHA within
30 days. OSHA can take action, including going
to court if necessary, to force your employer to
restore your job, earnings, and benefits. You will
not have to pay any legal fees.
How can you get more information?
OSHA has various publications, standards,
technical assistance, and compliance tools to help
you, and offers extensive assistance through its
many safety and health programs: workplace
consultation, voluntary protection programs,
grants, strategic partnerships, state plans,
training, and education. Guidance such as
OSHA’s Safety and Health Program
Management Guidelines identify elements that
are critical to the development of a successful
safety and health management program. This and
other information are available on OSHA’s
website at www.osha.gov.
For a free copy of OSHA publications, send a
self-addressed mailing label to this address:
OSHA Publications Office, P.O. Box 37535,
Washington, DC 20013-7535; or send a
request to our fax at (202) 693-2498, or call
us at (202) 693-1888.
To file a complaint by phone, report an
emergency, or get OSHA advice, assistance,
or products, contact your nearest OSHA
office under the “U.S. Department of Labor”
listing in your phone book, or call us toll-free
at (800) 321-OSHA (6742). The teletypewriter
(TTY) number is (877) 889-5627.
To file a complaint online or obtain more
information on OSHA federal and state
programs, visit OSHA’s website at
www.osha.gov.
U.S. Department of Labor
Occupational Safety and Health Administration
2002
This is one in a series of informational fact sheets highlighting
OSHA programs, policies, or standards. It does not impose
any new compliance requirements or carry the force of legal
opinion. For compliance requirements of OSHA standards or
regulations, refer to Title 29 of the Code of Federal Regulations.
This information will be made available to sensory-impaired
individuals upon request. Voice phone: (202) 693-1999. See also
OSHA’s website at www.osha.gov.
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