{"id":"DUT-FED-008","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))","authority":"29 U.S.C. 660(c); 29 C.F.R. part 1977, §§ 1977.9, 1977.12","instrument":"29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)","title":"Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970","dateIssued":"1973-01-16","effective":"standing","end":"standing","startDate":"1973-01-16","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["all employers"],"clause":"§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee\u0027s apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.","enforcement":"29 U.S.C. 660(c)(2)","functions":[],"notes":"An employer could not discipline an employee who, with no reasonable alternative, refused in good faith to work in a condition a reasonable person would consider a real danger of death or serious injury; complaints to the employer about safety are protected activity under § 1977.9(c).","sourceUrl":"https://www.govinfo.gov/content/pkg/CFR-2020-title29-vol9/pdf/CFR-2020-title29-vol9-part1977.pdf","snapshot":"","fileExists":true,"fileBytes":226303,"grade":"primary","character":"regulatory_duty","description":"","collection":"DUT-FED","url":"/library/DUT-FED-008","exhibitUrl":"/exhibit/DUT-FED-008","citation":"Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)","stateName":"","related":["DUT-FED-002"]}