Workers’ and occupational hazards: beyond the right to refuse dangerous work

Abstract

A thorough study of the law on the prevention of occupational risks allows us to conclude that when workers face an imminent threat to their health or safety, usually as a result of the employer breach of its obligations, they have not only the right but also the duty to protect themselves. The legal consequences of this holding are analyzed in detail by merging the protective side of labour law and the effective protection of workers in the realm of occupational safety and health.