Share
Explore BrainMass

OHSA High Risk Area

OSHA provides for workplace safety standards, with record-keeping, reporting, notice, and inspection requirements. The Occupational Safety and Health Administration (OSHA) administer the act. Penalties are limited, but an employer may also be prosecuted under state law. Can an employer discharge an employee who refuses to work in a high risk area? (Echazabal v Chevron USA, Inc.).

Solution Preview

An employer cannot terminate an employee for refusing to work in a high danger or high risk area. The part that is subject to interpretation is what exactly constitutes high risk. The basis of the risk needs to be evaluated based on reasonable person standards. This basically asks if a reasonable, capable person would also determine that the requested act is a risk or places the person in a dangerous situation. If the answer ...

Solution Summary

This solution explains if an employer can legally discharge an employee who refuses to work in a high risk area. 1 reference included.

$2.19