What is an imminent danger?

An imminent danger is a workplace hazard

that puts you at immediate serious risk of death

or serious physical harm. It may be a safety

hazard such as an unstable trench or exposed

electrical wire that could cause a serious or fatal

accident immediately under present conditions.

It also may be a health hazard such as toxic

substances or dangerous fumes, dusts, or gases

that could cause death or irreversible physical

harm, shorten life, or reduce physical or mental

performance.

What should you do if you encounter

an imminent danger?

If a safety or health hazard puts you in

imminent danger of death or serious injury or

illness, notify your supervisor immediately and

request corrective action. Also ask the supervisor

to provide protection to you and your coworkers

until the hazard is eliminated or controlled.

What if your employer does not act?

Contact OSHA or your state occupational

safety and health authority if your employer does

not promptly take steps to remove or control the

hazard. Call the nearest OSHA office, listed in

your phone book under “U.S. Department of

Labor,” or OSHA’s toll-free number at

(800) 321-OSHA (6742). If you live in a state or

territory with its own OSHA program, look for

the listing under a state government heading such

as “Department of Labor.”

When you call, provide the name and address

of your employer and describe the hazard in

detail and how long it has existed. Also provide

your name, address, and a telephone number

where you can be contacted. If you request,

OSHA will not reveal your name to your

employer.

What will OSHA do?

If, after evaluation, OSHA believes that an

imminent danger exists, an OSHA compliance

safety and health officer will inspect your

workplace the same day you report the problem,

if possible. Reports of imminent dangers receive

the highest priority for OSHA inspections. If the

inspection confirms the presence of an imminent

danger, your employer must notify employees of

the hazard and remove workers from the

imminent danger area. If OSHA is not able to

inspect the site within 1 working day after

receiving the report, the area director will contact

the employer to request that the hazard be

corrected and employees removed from the

danger area. In either case, OSHA will follow up

with a later inspection to ensure that the

employer has eliminated the hazard.

If the employer refuses to correct the hazard,

OSHA may post an “Imminent Danger” notice

and seek a temporary restraining order from the

nearest federal district court requiring the

employer to remove employees from exposure to

the danger. The OSHA compliance safety and

health officer will inform all affected employees

and their representatives of the hazards and their

discrimination sites before leaving the site.

What protections do you have for

refusing dangerous work or reporting

an imminent danger?

OSHA and the National Labor Relations

Board work together to protect employees who

are punished for refusing to work in imminently

dangerous situations involving serious safety or

health hazards. Contact either agency to discuss

your case. In addition, OSHA can protect you if

you are discharged or disciplined for refusing to

do work that would expose you to imminent

danger, provided that you have notified your

supervisor of the hazard, the hazard has not

been corrected, and there is not enough time for

you to seek relief through OSHA’s standard

complaint process.

In addition, it is illegal for your employer to

punish you for reporting a safety or health

hazard. The Occupational Safety and Health Act

(OSH Act) protects you from being discriminated
against, fired, demoted, or otherwise penalized

for any of the following:

■ complaining to your employer about a hazard;

■ requesting an OSHA inspection;

■ participating in union safety and health

activities; or

■ otherwise exercising your rights under the

OSH Act.

If you believe your rights have been violated,

you must file your complaint with OSHA within

30 days. OSHA can take action, including going

to court if necessary, to force your employer to

restore your job, earnings, and benefits. You will

not have to pay any legal fees.

How can you get more information?

OSHA has various publications, standards,

technical assistance, and compliance tools to help

you, and offers extensive assistance through its

many safety and health programs: workplace

consultation, voluntary protection programs,

grants, strategic partnerships, state plans,

training, and education. Guidance such as

OSHA’s Safety and Health Program

Management Guidelines identify elements that

are critical to the development of a successful

safety and health management program. This and

other information are available on OSHA’s

website at www.osha.gov.

■ For a free copy of OSHA publications, send a

self-addressed mailing label to this address:

OSHA Publications Office, P.O. Box 37535,

Washington, DC 20013-7535; or send a

request to our fax at (202) 693-2498, or call

us at (202) 693-1888.

■ To file a complaint by phone, report an

emergency, or get OSHA advice, assistance,

or products, contact your nearest OSHA

office under the “U.S. Department of Labor”

listing in your phone book, or call us toll-free

at (800) 321-OSHA (6742). The teletypewriter (TTY) number is (877) 889-5627.

■ To file a complaint online or obtain more

information on OSHA federal and state

programs, visit OSHA’s website at

www.osha.gov.

U.S. Department of Labor

Occupational Safety and Health Administration

2002

This is one in a series of informational fact sheets highlighting OSHA programs, policies, or standards. It does not impose

any new compliance requirements or carry the force of legal opinion. For compliance requirements of OSHA standards or

regulations, refer to Title 29 of the Code of Federal Regulations. This information will be made available to sensory-impaired

individuals upon request. Voice phone: (202) 693-1999. See also OSHA’s website at www.osha.gov.