Across the river, the musical production “Spiderman: Turn off the Dark” recently almost spun its way off Broadway. The Occupational Safety and Health Administration, reacting to a string of accidents, had issued three violations to the musical for subjecting actors to hazardous high-flying stunts. With worker safety making national headlines and proposed legislation in the U.S. Congress intending to amplify employee protections, a familiar debate has resurfaced: whether, and under what conditions, employees may refuse dangerous work assignments.
Under defined conditions, New Jersey employees have the right to refuse unsafe work, thanks to the following statutes and regulations: (1) Occupational Safety and Health Act (OSHA) 29 CFR §??1977.12 (the OSHA regulation) as well as federal safety statutes that cover select industries; (2) the National Labor Relations Act (NLRA) and Labor Management Relations Act (LMRA); and (3) New Jersey’s Conscientious Employee Protection Act (CEPA) and Public Employees’ Occupational Safety and Health Act. This right only stands to grow if Congress passes the Protecting America’s Workers Act of 2011 (PAWA). Given the increased legislative and media attention to worker safety, New Jersey employers need to be especially cognizant of their obligations (and potential obligations) under both federal and state law.
Current Federal Safety Law
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