Can i be fired for not showing up to work for safety concerns

UPDATED: Oct 1, 2022

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Can i be fired for not showing up to work for safety concerns

The company has me working on a machine with many safety and OSHA violations.
Safety guards removed and telling me to put my hand into moving parts through a
removed safety screen to make the machine work consistently.

Asked on December 1, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you don't have a written employment contract, you are an employee at will, and can be fired at any time for any reason (you have no right to your job), including not showing up to work for any reason. HOWEVER, if you file a complaint with OHSA, you cannot be fired for making that complaint and could not be fired for following any advice or recommendations from OHSA. Contact OHSA if you believe the machine is as unsafe as you indicate: that this the best way to protect yourself and your job. And also consider: you can get another job, but you can't get another hand. At the end of the day, put your own safety first and worry about job consequences later.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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