Can I Refuse to Work Alone in Unsafe Working Conditions?
Table of Contents
What is an unsafe working environment?
Examples of unsafe work conditions
Legal rights of lone workers
The consequences of ignoring unsafe work conditions
How to report unsafe work conditions
Filing a safety complaint
How to create a safe work environment
Provide a work environment they can’t refuse
Wherever we work, there are going to be occupational hazards that test our safety and security. It doesn’t matter if you’re working in a wastewater treatment plant or if you’re a home healthcare worker in a patient’s home – there will be safety hazards, big and small.
When you work alone, the risk of those safety hazards is elevated because there isn’t a coworker nearby to get or provide emergency aid if you get injured. “Lone working” can be defined as performing a task by yourself, without help readily available if you are in trouble. Doing your job in a confined space can also constitute lone working because even though there may be a coworker on the other side of the wall or space, they may not be able to provide help to you quickly.
Due to this elevated risk and potential for severe injury, lone workers must be a priority for any employer who values their team members and their well-being. While an important component of your overall occupational health and safety, lone worker safety should also be planned separately because their safety risks are unique, requiring special safety measures and protocols.
So what if you are working alone and are uncomfortable or have safety concerns about your work circumstances? Can you refuse to work alone in environments where you feel unsafe performing your job?
As you read further, we not only answer these questions but talk about lone worker safety hazards and what can be done to mitigate them. If you are someone who employs lone workers or are an employee who works alone, keep reading – your operations and safety could significantly benefit from what you learn.
What is an unsafe working environment?
While the answers may vary, it can be generally agreed upon that an unsafe work environment is a place of employment where safety hazards have been identified but not addressed, or where the employee is concerned about their well-being and those concerns have not been addressed yet.
For lone workers, the severity of the documented safety hazards can be higher because getting them to help in a work emergency can be a significant challenge, especially when they are working alone in remote locations. When someone is working alone, reliable communication is key to their safety because not only can they request help, but that help will be prepared and sent to the correct location.
Examples of unsafe work conditions
Violence and working with the public: There are jobs that require employees to work with or around members of the public. In some instances, conflict occurs, putting the worker at risk of violence and assault. If you ever feel threatened or your safety is in jeopardy by someone in the area, this must be reported immediately.
Working from tall heights: It’s not abnormal to be a bit nervous around tall heights, but if you’re concerned about falling and have good reason to feel that way, notify your manager and employer immediately before someone gets hurt. However, as you see below, employees may be at risk of tripping or slipping at ground level, resulting in injury.
Working outside with wildlife: For many workers, particularly those in remote or outdoor environments, encountering wildlife is an inherent part of their job. Whether it's forestry workers, conservationists, or field researchers, these brave individuals face unique challenges and potential risks when it comes to working alongside nature's inhabitants.
Tight or confined spaces: Working in tight or confined spaces can be a major occupational hazard because these people are usually alone and cannot access help as easily as if they were performing their jobs in the open. The specific safety hazards of working in these environments include toxic gases, lack of oxygen, flammable/explosive gases, as well as asphyxiation, drowning, or being buried.
Legal rights of lone workers
In Canada, the safety of lone workers is protected by the Westray Law, formerly Bill C-45, requiring employers, under the Criminal Code, to take steps that will ensure the safety of these people. Specifically, the Westray Law “creates an occupational health and safety duty for all organizations and individuals who direct the work of others in Canada. It requires all organizations and individuals who undertake or have the authority to direct how others work or perform a task, to take all reasonable steps to prevent bodily harm to the person performing the work or task, and to any other person.”
In the United States, the Occupational Safety and Health Administration (OSHA) has safety regulations for lone workers based on the following core Working Alone standards:
1915.84(a) Except as provided in § 1915.51(c)(3) of this part, whenever an employee is working alone, such as in a confined space or isolated location, the employer shall account for each employee:
1915.84(a)(1) Throughout each work shift at regular intervals appropriate to the job assignment to ensure the employee’s safety and health; and
1915.84(a)(2) At the end of the job assignment or at the end of the work shift, whichever occurs first.
1915.84(b) The employer shall account for each employee by sight or verbal communication, maintaining lone worker safety is an important employer responsibility to properly protect lone workers, organizational leadership must consider OSHA regulations, lone worker safety best practices, and employee needs and expectations.
If an employer is not in strict compliance with local safety legislation and regulations, the lone employee is completely permitted to report any violations or safety hazards they are concerned about, without any reprimand from the same employer or from coworkers.
The consequences of ignoring unsafe work conditions
If the employer does not address the lone worker’s safety concerns, the organization is at risk of heavy Occupational health and safety fines and possibly criminal charges. In Canada, under the Westray Law, companies can be charged with a summary offense up to $100,000 with more serious offenses having “no limit.”
For US worker rights and protections, the OSHA states, “Federal law entitles you to a safe workplace. Your employer must keep your workplace free of known health and safety hazards. You have the right to speak up about hazards without fear of retaliation.” If unsafe conditions are proven, the OSHA can levy fines (up to $156,000) and citations for companies violating their industry safety protocols.
However, on top of the penalties and charges, ignoring your employee’s safety concerns can result in serious injury to your team members and significant damage to your organizational reputation – something that can be incredibly difficult to repair. Internally, this can damage employee morale, quality of work, as well as any positive company culture and comradery.
How to report unsafe work conditions
In addition to having a safe environment where you can report any infractions or concerns, it’s important that employees have a fairly simple, completely anonymous means of alerting anything to the employer. This can include a special email address and inbox, text messaging, or an official form and submission process.
No matter how safety hazards are reported in your workplace, we recommend that employees and lone workers follow the steps below:
Write or record all pertinent information for the safety hazard in a file, including a detailed description of the hazard/risk, the date and time, location, relevant circumstances, people involved/impacted, and most importantly why you feel this is a threat to yourself and your fellow employees.
Immediately talk to a manager or supervisor, providing as much detail as possible as well as the file/document you originally created.
If the safety hazard is not mitigated immediately or by a pre-determined date, follow up with management for an update.
If your safety is still a concern and the issue has not been resolved, you need to then look at contacting your local legislative and regulatory body about elevating the issue.
In Canada, the Canadian Centre of Occupational Health and Safety (CCOHS) recommends a similar hazard-reporting protocol as well as contacting the appropriate provincial occupational health and safety department or agency. In the United States, the Occupational Health and Safety Administration (OSHA) provides a number of discreet channels to report safety hazards and file a confidential safety and health complaint.
Filing a safety complaint
In the United States, the OSHA provides several channels in which you can file a work safety complaint including an anonymous online form and toll-free number. Additionally, if you feel that your employer retaliated against you for any concerns or complaints, the OSHA also has the means to file a whistleblower complaint as well.
In Canada, the CCOHS recommends that employees submit a hazard reporting form, depending on their organization’s protocol. They say that if nothing is done in response to the report, then contact the governmental OHS agency responsible for work safety in your province.
How to prove conditions are unsafe
Observations and anecdotal evidence from the employee are completely admissible, however objective proof that support your concerns are also required in a formal OHS complaint. This includes photos and videos, written testimony from witnesses, medical records, as well as company safety documentation.
Regardless, following the submission process, an investigation of some kind will take place, documenting any relevant proof or support for your serious claim.
How to create a safe work environment
Know your surroundings
Before the troops can rally against a common enemy or safety hazard, they must first know what they are facing. Every safe workplace conducts regular hazard assessments which identify and document the occupational dangers employees face while on the job. These must be performed on a consistent basis so that they are up-to-date with any changes that may have occurred within the work, the position, or the organization.
Healthy safety culture
To make sure you lower your risk of a workplace safety investigation ever taking place, create and maintain a work environment where people feel comfortable enough to report occupational hazards, even anonymously. A healthy safety culture is a work environment where lone workers, and employees in general, are not afraid of backlash or punishment from both coworkers and the employer if they have a safety concern.
Safety training and education
A big part of strong OHS culture is regular safety training and education. Not only will training teach important skills for specific safety areas, but it will also foster team-building amongst the staff – both in the training activity itself, but in fact they see that they are aligned with their coworkers when it comes to everyone’s well-being.
Prioritize lone worker safety
As we discussed earlier, lone workers are more vulnerable than pairs and teams because getting them emergency help can be difficult. If you have people working alone, they will require special preventative safety measures to lower risk such as:
Create a lone worker policy
Develop a proactive check-in system
Create an emergency action plan
Consistent cleaning and maintenance of equipment/tools
Conduct a lone worker needs analysis
Reliable communication systems and devices
On the other hand, reactive protective measures are equally important should an accident take place – this help ensure the employee gets the proper help they need. Reactive safety management is about dealing with issues, accidents, and incidents when they occur. They include:
Accident reporting
Accident trend identification
Health and sickness trend identification
First aid and emergency kits
Provide a work environment they can’t refuse
When applied daily, these safety measures can be very effective, however, each organization should carefully look at its hazards with the needs of its team members to develop their unique safety program. No matter what, your workplace needs to be welcoming of safety hazard reporting as well as feedback about any safety measures and what’s working and what isn’t.
There’s no blueprint to building healthy work and safety culture, but just generally being transparent, open, and proactive with work safety will benefit the team and organization in a number of major areas – from improved operations and productivity to wellness and communication. Create a professional environment where people aren’t intimidated to speak up about Occupational health and safety issues so that will they never have to refuse to work alone because they don’t feel safe in the first place.