SB 907A makes it an unlawful practice for any person to bar or discharge from employment, or discriminate against an employee or prospective employee because they refused to expose themselves to serious injury or death from a hazardous condition at the place of employment when there are no reasonable alternatives and the person is acting in good faith.
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This bill provides employee with right to refuse to perform task assigned by employer under certain circumstances. Protects employee against disciplinary action for exercising right. Prohibits employer from retaliating or discriminating against employee for invoking right. Allows employee to use sick leave to cover period when employee is not working due to employee’s exercising right to refuse to perform assigned task.
The tasks an employee can refuse to do the bill describes as:
Any employee, acting in good faith, may refuse to perform a task assigned by an employer in any of the following circumstances:
(a)(A) The employee has a reasonable apprehension that the performance of the assigned task would result in serious injury or impairment to the health and safety of the employee or other employees; (B) Insofar as it is reasonably practicable, the employee or any other employee has communicated or otherwise attempted to notify the employer of the safety or health risk; and (C) The employer has failed to provide a response that is reasonably calculated to allay the employee’s concerns regarding the safety or health risk associated with the assigned task;
(b) The performance of the assigned task would cause the employee to engage in illegal or criminal activity; or
(c) The performance of the assigned task would cause the employee to report to or remain at a worksite during an evacuation due to a major disaster or emergency.
You have to ask what prompted this. Is the employer a cartel? Where is the arrest and conviction of an employer that is in illegal activities?
There is already a government agency dedicated to this cause, it is called OROSHA and most legal employers already live in fear of it. Overlay this additional regulation over the OSHA rules is double duty that taxpayers don’t need to fund.
Please vote No on this bill.