Every worker has the right to be safe while performing their job. A federal rule, Stop Work Authority, allows full-time and contract employees to speak up and refuse to work in unsafe working conditions.
A business cannot legally retaliate against an employee who has exercised their Stop Work Authority due to unsafe working conditions or behaviors.
Stop Work Authority is often used in construction, as the equipment used and the type of work involved in construction may lead to injuries.
How to use Stop Work Authority
If you recognize hazardous conditions in your workplace, you have a responsibility to speak up and exercise your Stop Work Authority. This includes notifying the appropriate persons so the unsafe conditions or behaviors can be evaluated and corrected. If you are in a management or leadership role and fail to exercise your Stop Work Authority and injuries to people or property occur, you could potentially be liable.
What is a Stop Work Order?
A Stop Work Order is an order that requires a business to immediately cease all business activities. In New York, government agencies such as the Workers’ Compensation Board may issue Stop Work Orders in response to information regarding hazardous working conditions or behaviors. The Workers’ Compensation Board may also issue a Stop Work Order if a business does not have workers’ compensation coverage in place or if the business owes any outstanding debt to the Board.
In New York City, Buildings Department inspectors have the authority to seek out violations and issue Stop Work Orders if they identify unsafe working conditions or behavior at a worksite. Depending on the circumstances, they may issue a Full Stop Work Order which prohibits all work except work necessary to secure the site’s safety, or a Partial Stop Work Order which prohibits certain areas or types of work at the job site. Businesses that violate a Stop Work Order face penalties under New York City law.
Stop Work Orders differ from Stop Work Authority in that Stop Work Orders are issued by the state or local government rather than by an individual employee, and Stop Work Orders apply to all business activities.
Workers’ compensation and Stop Work Authority
When an employee is injured on the job due to a company’s unsafe working conditions or behaviors, they file a workers’ compensation claim to cover their medical expenses and lost wages. Stop Work Authority is designed to protect workers from dangerous workplace conditions by giving them the right to refuse to work if safety protocols are not being followed. In New York, an employee who is injured while working is eligible for workers’ compensation – regardless of who is at fault for the injury.
Understanding Stop Work Authority
Whether you are working in unsafe conditions or you’ve suffered an injury on the job, it’s important that you know your rights under the law. Evan W. Kohn is an experienced Bronx, New York personal injury lawyer adept at fighting to obtain maximum compensation for injured construction workers. Se habla español. Contact our office today or call us at (718) 409-5500 to schedule a free consultation.