803 KAR 2:220. Employees' refusal to

work when dangerous conditions exist.

 

      RELATES TO: KRS 338.121(3)(a)

      STATUTORY AUTHORITY: KRS Chapter 13A

      NECESSITY, FUNCTION, AND CONFORMITY: The Commissioner

of the Department of Workplace Standards has the authority and responsibility

for promulgating administrative regulations necessary to accomplish the

purposes of this chapter. The function of this administrative regulation is to

afford employees the right to refuse to be exposed to dangerous conditions

without subsequent employer discrimination.

 

      Section 1. Employee Refusal to Work. (1)

Where an employee is confronted with a choice between not performing assigned

tasks or being subjected to death or serious injury arising from a dangerous

condition at the workplace, such employee may refuse in good faith to expose

himself/herself to the dangerous condition. The condition causing the

employee's apprehension of death or injury must be of such a nature that a

reasonable person under the same or similar 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.

In addition, in such circumstances, the employee, where possible, must also

have sought corrective action from his/her employer, and been unable to obtain

a correction of the dangerous condition.

      (2) When an employee in good faith

refuses to expose himself/herself to a dangerous condition at the workplace

he/she shall not be subjected to subsequent discrimination by the employer.

      (3) Provided, however, that the

provisions of this administrative regulation shall not apply if it is found

that the employee acted unreasonably or in bad faith. (Recodified from 803 KAR

2:190, eff. 4-19-84; TAm eff. 8-9-2007; TAm eff. 9-8-2011.)