Unsafe work requirements: Questions & Answers

UNSAFE WORK ASSIGNMENT Q & A

During the COVID-19 crisis workers have been encountering situations that may be considered unsafe work assignments. In the normal day-to-day operations at work, workers are generally required to comply with management orders and directives. Complying with management directives is considered part of your job duties and not doing so can lead to discipline. Employees covered under a Union contract should usually "obey now, and grieve later." But situations might be different when you are being asked to do something unsafe. 

The following Q & A addresses a specific exception to the general rule that employees must obey orders and grieve them later.

If you are being asked to do something unsafe at work, you should call your Union Rep (call 1-800-732-1188 to be connected) or the Member Resource Center (1-866-210-3000). Due to the high volume of calls we are receiving you may be directed to voicemail, but someone will reach out to you as soon as they can. You can also email safety concerns to safetyreport@ufcw3000.org

*If you are not a member of UFCW 3000 and need support, contact us!

Q:  I've been asked to perform a work assignment that I feel will threaten my personal safety and expose me to serious bodily harm.  Does my Union contract provide any protections for me?

A:  Because you are covered by a Union contract the answer is yes.  Your Union contract includes a just cause provision.  In this situation, just cause means you should not be disciplined for refusing to obey an unreasonable order.  An order to perform a work assignment that is likely to cause serious bodily harm to an employee is not reasonable.  To be covered by this exception, your fear of bodily harm must be objectively reasonable and not speculative.

Q:  Are there any specific laws that offer protection to workers who are asked to perform unsafe work assignments?

A:  Yes, there are state and federal laws that provide additional or separate protections.  One example is OSHA (click here to read an OSHA summary).

Q:  What should I say to my employer if asked to perform a work assignment that is likely to cause me serious bodily harm?

A:  It is always best to try to work with management to solve the problem.  For example, you should explain to management why you feel the work assignment is unsafe or dangerous so that your employer has an opportunity to problem solve.  You can also tell your supervisor you would be happy to accept the work assignment if it can be made safe to perform i.e., by providing you with adequate equipment or protective devices, adequate supplies, protective clothing, additional staffing, etc.     

Q:  Should I leave work if my employer insists that I perform the unsafe work assignment?

A:  No, under most circumstances, you should stay on site and remain available to work safe assignments.  If management sends you home, asks to meet with you to investigate the situation, or issues you any discipline, you should contact your union rep or the rep of the day immediately.

Safety and Workers' Rights in Extreme Heat Situations

More and more, we face hazardous weather events like extreme heat that can affect us at work and at home. In dangerously hot conditions you can take action to stay safe and healthy, like drinking plenty of fluids, staying out of the sun, checking on vulnerable people, and taking extra precautions when outside.

Under the Occupational Safety and Health Act (OSHA), employers have a duty to protect workers from recognized serious hazards in the workplace, including heat-related hazards. Especially if you work outside, be aware of your health and safety during any Excessive Heat Warning, and check in with your coworkers. If your workplace doesn’t feel safe, tell management and contact your Shop Steward or Union Rep as soon as you can. Find our FAQ on refusing unsafe work assignments here.

This kind of extreme weather is dangerous in our workplaces and our communities, which is why UFCW 3000 members work for climate policies that will help protect us and our future health.

Contact Us:

• Find your Union Rep (call 1-866-210-3000 to be connected)

• File a safety report by emailing safetyreport@ufcw21.org with your name, work location, contact information, and a description of the safety issue

• Not a union member? Get in touch if you want to organize your workplace.

Check National Weather Service Excessive Heat Warnings in Washington:

Extreme Heat at Work

OSHA has three basic recommendations for safety in extreme heat are: 💧 water, 🪑 rest, and ⛱️ shade.

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

• Provide workers with water, rest, and shade.

• Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.

• Plan for emergencies and train workers on prevention.

• Monitor workers for signs of illness.

If you perform work outdoors for more than 15 minutes in a 60-minute period, you may be considered an Outdoor Worker in Washington, and your employer may have responsibilities to you under Washington State’s emergency heat exposure rules effective through June 15, 2022. When temperatures are at or above 89 degrees, employers must provide outdoor workers with cool water and additional paid cool-down rest time, and when the temperature is at or above 100 degrees, employers must also provide other ways to cool down like a shaded area and ensure you have a paid cool-down rest period of at least 10 minutes every two hours.

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Safety & Heat-Related Illnesses Information

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Heat illness can be very serious. Learn the symptoms of heat illness and basic safety recommendations so you can stay safe at work and home.

Information from Washington State Dept. of Health:

Information from King County Public Health:

Basic HEAT Safety Tips:

• Spend more time in air-conditioned places if possible

• Dress in lightweight clothing

• Drink plenty of water and avoid drinks with caffeine, alcohol, and large amounts of sugar—sip frequently, don’t wait until you’re thirsty

• Do not leave children or pets unattended in vehicles under any circumstances

• Reduce activities that are tiring or take a lot of energy

• When outside, limit the time you’re in direct sunlight

• Do outdoor activities in the cooler morning and evening hours

• During outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks in shaded or air conditioned environments

• Anyone overcome by heat should be moved to a cool and shaded location. Heat stroke is an emergency! Call 9 11.

Learn the signs of heat-related illnesses:

Heat Stroke

WHAT TO LOOK FOR:

• High body temperature (103°F or higher)

• Hot, red, dry, or damp skin

• Fast, strong pulse

• Headache

• Dizziness

• Nausea

• Confusion

• Losing consciousness (passing out)

WHAT TO DO

• Call 911 right away—heat stroke is a medical emergency

• Move the person to a cooler place

• Help lower the person’s temperature with cool cloths or a cool bath

• Do not give the person anything to drink

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Heat Exhaustion

WHAT TO LOOK FOR:

• Heavy sweating

• Cold, pale, and clammy skin

• Fast, weak pulse

• Nausea or vomiting

• Muscle cramps

• Tiredness or weakness

• Dizziness

• Headache

• Fainting (passing out)

WHAT TO DO:

• Move to a cool place

• Loosen your clothes

• Put cool, wet cloths on your body or take a cool bath

• Sip water

• Get medical help right away if:

  • You are throwing up

  • Your symptoms get worse

  • Your symptoms last longer than 1 hour

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Heat Cramps

WHAT TO DO:

• Stop physical activity and move to a cool place

• Drink water or a sports drink

• Wait for cramps to go away before you do any more physical activity

• Get medical help right away if:

  • Cramps last longer than 1 hour

  • You’re on a low-sodium diet

  • You have heart problems

WHAT TO LOOK FOR:

• Heavy sweating during intense exercise

• Muscle pain or spasms

Wildfire Information for Workers

People across the West Coast are being forced to flee their homes due to encroaching wildfires. We have begun receiving requests from UFCW locals and other unions for any help and support we can offer, and we know UFCW 21 members may need support like this as well. Evacuating safely is a life or death issue. While respecting the risks of traveling and congregating during the COVID pandemic, we would like to offer whatever support or emergency shelter we can to our union family and any emergency evacuees. Mutual aid is a part of standing together in solidarity.

If you would be willing to host a person or family evacuating a wildfire area, whether in your home or outdoor area (parking space for an RV, space in your yard for a pet or farm animal), please fill out the form below to offer up your space.

If you are expecting to be evacuated and looking for a place to stay, whether you need a couch to sleep on, a place to park an RV, or you are evacuating pets and/or farm animals, fill out the short form below and we will be in touch with you if we can match you with someone offering shelter.

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OTHER SMOKE AND FIRE INFORMATION

If your workplace is closed due to smoke or wildfire:

• Please contact your Union Rep or the Rep of the Day line so they know about the situation and can help problem-solve.

• If appropriate, your employer should allow you to pick up hours at another work location that is safe. If management refuses to make this option available to you, contact your Union Rep for assistance with negotiating a good arrangement.

SMOKE:

• Washington State Air Quality Map

• Puget Sound Clean Air Agency wildfire smoke information

• Q&A on Wildfire Smoke from the WA Dept. of Health

• How to Keep Indoor Air Clean on Smoky Days from King County Public Health Dept.

WILDFIRE:

• Washington State Department of Natural Resources (DNR) Wildfire Information Page

From the DNR:

“Local emergency management offices, such as sheriff departments or local fire districts, order and communicate evacuations when needed and other emergency activities outside of the work to combat wildfire. If you find yourself in a wildfire emergency, always follow the directions of public safety personnel. In an evacuation, use the "P's of Preparedness" to focus your efforts.”

• How to Prepare for a Wildfire from Ready.gov, including the “5 Ps” to consider when preparing to evacuate:

• PEOPLE: People and, if safely possible, pets and other animals/ livestock

• PERSONAL NEEDS: Personal needs—such as clothes, food, water, first aid kit, cash, phones, and chargers— and items for people with disabilities and others with access and/or functional needs, such as older adults, children, and those with Limited English Proficiency

• PRICELESS ITEMS: Priceless items, including pictures, irreplaceable mementos, and other valuables

• PRESCRIPTIONS: Prescriptions, with dosages; medicines; medical equipment; batteries or power cords; eyeglasses; and hearing aids

• PAPERS: Papers, including important documents (hard copies and/or electronic copies saved on external hard drives or portable thumb drives)

March 3 update for Members on Coronavirus

UFCW 21 President Faye Guenther with PCC members Atsuko and Jeanett in Edmonds to talk about their upcoming bargain and discuss how the Novel Coronavirus outbreak is impacting members at work.

• We are in active communication with state and county officials to get the most up-to-date information we need to help keep members safe.

• We have filed information requests with our health care employers to ensure they are following guidelines to keep members safe at work.

• We are in discussions with other employers about best practices for public health and workplace safety to ensure all members are safe at work.

• We are identifying any areas we need to demand to bargain over the impacts of this outbreak, and are making plans for long-term effects of an outbreak in our workplaces.

• UFCW 21 President Faye Guenther visited members this morning to answer questions and discuss how the coronavirus is impacting workplaces.

Remember: utilize the leave language and health care you’ve bargained for, and contact your Shop Steward or Union Rep for any support you need to stay safe and keep your workplace safe, including if you face any discipline related to the impacts of this outbreak.

More information and resources:

UFCW 21 Update for Members on the Coronavirus Outbreak