Question: Can my employer force me to work if I have concerns about COVID-19, including a coworker having tested positive, personal medical concerns, or a high-risk family member living at my home?

Answer:

Generally, your employer may require you to come to work during the COVID-19 pandemic. However, some government emergency orders may affect which businesses can remain open during the pandemic.

Under federal law, you are entitled to a safe workplace. Your employer must provide a safe and healthful workplace. If you have concerns, you have the right to speak up about them without fear of retaliation.

Under section 11(c) of the Occupational Safety and Health Act, a worker who refused to work would be protected from retaliation if:

• The worker believes that they faced death or serious injury (and the situation is so clearly hazardous that any reasonable person would believe the same thing);
• The worker tried, where possible, to get his or her employer to correct the condition, was unable to obtain a correction, and there is no other way to do the job safely; or
• The situation is so urgent that the worker does not have time to eliminate the hazard through regulatory channels, such as calling OSHA.

See 29 CFR 1977.12(b) for more information.

Employers and workers can visit the U.S. Equal Employment Opportunity Commission's COVID-19 webpage and frequently asked questions to learn more about reasonable accommodations.

You have the right to file a complaint if you are required to work and believe you are being exposed to a serious health or safety hazard. If you have suffered retaliation because you voiced concerns about a health or safety hazard, you have the right to file a whistleblower protection complaint. No particular form is required and complaints may be submitted in any language.

Visit OSHA's Workers page to learn more.