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   November 2, 2001


Federal employees have limited right not to work

By Irene Brown
Editor

When Washington shut down government buildings after finding traces of anthrax, one question was on the mind of federal employees: "Do I have the right to refuse to work at a contaminated site?"

The answer is a limited right, thanks to a little-known Occupational Safety and Health Administration regulation.

OSHA regulation 29 CFR 1960.46(a) states that, in the federal government, there is "the right of an employee to decline to perform his or her assigned task because of a reasonable belief that, under the circumstances the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures."

That means that federal employees would have a limited right to refuse a manager’s order if that order places them in immediate danger. However, the right is greatly limited, so civilians who refuse to work because of safety concerns could still be fired for insubordination.

Michael Heller, the U.S. Military Academy’s civilian personnel director, said the command is conscious of the threats surfacing today and would do everything in its power to protect all members of the West Point community.

"We would take immediate steps to remove the employees from the danger and find them alternate work areas," Heller said. "If that could not be accomplished, we would make other arrangements such as telecommuting to keep the employees out of harm’s way."

One thing the regulation and supporting labor laws does not do is protect employees who feel they are in danger when there is no clear evidence to support that conviction. But, Heller said, supervisors have an obligation to make sure their employees are safe in the workplace.

"Managers should recognize their responsibilities and get expert advice to make sure their employees are safe when carrying out their work," Heller said.