When the tornado sirens wailed over an Illinois warehouse, workers were told to keep delivering or risk losing their jobs. Minutes later, the building collapsed, taking the lives of six workers. What’s even more alarming? Many workers didn’t know they had the right to refuse dangerous work. This incident is just one example of the many American workers who are unaware of their OSHA rights—rights that could save their lives. The result is a system where safety exists on paper, but not always in practice.
Key Takeaways
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Too many workers remain unaware of their OSHA protections, while weak enforcement and fear of retaliation silence those who might speak up.
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A recent report on the State of Employee Safety revealed that 39% of employees who reported safety concerns faced retaliation.
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When policies exist only on paper and aren’t reinforced through training, leadership, and culture, employees remain at risk.
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When workers know their rights, employers embed safety into everyday operations, and regulators have the power to enforce accountability, preventable tragedies can be averted.
What Really Happened in the Incident?
On the evening of December 10, 2021, an EF3 tornado struck a warehouse in Edwardsville, Illinois. Despite urgent emergency warnings, workers inside were instructed to continue with their duties. As the storm intensified, they faced a grim choice: stay inside the building or risk termination for leaving their workstations.
Reports indicate that some employees were explicitly told that leaving the premises could result in job loss, as the company's employee handbook prohibits leaving during assigned work hours without permission. This policy directly contradicts the Occupational Safety and Health Administration (OSHA) guidelines, which grant workers the right to refuse dangerous work.
One worker, a 46-year-old delivery driver, texted his girlfriend moments before the storm struck, saying, “[Warehouse facility] won’t let us leave,” indicating that he may have been restricted from leaving the premises during the emergency.
Sadly, many workers didn’t recognize this situation as a violation of their employee rights. Even those who did were paralyzed by fear of retaliation. The facility’s safety system did little to alleviate these concerns either. Several critical issues compounded the danger:
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Communication was minimal.
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Safe zones were not clearly marked.
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Emergency procedures were unclear.
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Real-time updates were not provided.
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The roof of the facility eventually collapsed, trapping employees and resulting in the tragic deaths of six workers. This incident highlighted severe gaps in both safety preparedness and employee education. The lack of clear communication and adequate emergency procedures placed workers at great risk. Even more concerning was the apparent discouragement of workers leaving for their safety, which violated their fundamental right to refuse dangerous work under OSHA guidelines.
The Knowledge Gap: What Workers Don’t Know Can Hurt Them
Many workers remain unaware of their legal rights, especially those concerning workplace safety, leaving them vulnerable in critical situations. The “American Workers’ Experiences with Power, Information, and Rights on the Job,” a study published by Alexander Hertel-Fernandez, reveals that workers often fail to recognize the boundaries of their rights in the workplace.
In fact, when asked about the legality of various employer actions, many workers couldn't identify what was legal or illegal, with economically vulnerable employees being the least likely to understand their protections under the law. This knowledge gap is concerning, as those most at risk are often the least equipped to assert their rights.
This lack of awareness is particularly evident when it comes to OSHA’s right to refuse dangerous work. While this protection allows employees to refuse tasks that threaten their health or safety, many workers don't know how to invoke it, and even fewer feel confident reporting unsafe conditions. According to the 2025 AlertMedia State of Employee Safety Report, 39% of employees who reported safety concerns faced retaliation, highlighting the chilling effect that fear of punishment has on workers.
“Workers need to understand not only how to identify unsafe conditions but also how to report them safely and without fear of retaliation.”
This isn’t just a “feeling.” The reality is that a lack of knowledge and confidence in reporting unsafe work environments heightens the risks workers face. It leads to underreporting, inadequate safety measures, and ultimately, avoidable tragedies like the one in Edwardsville.
Warnings Without Consequences
In the wake of the Edwardsville tragedy, many expected the warehouse facility to face serious penalties. Yet OSHA’s investigation resulted in nothing more than a Hazard Alert Letter, a strongly worded warning urging the company to improve safety procedures. At the same time, broader responses focused on policy proposals rather than direct reprimands or changes at the warehouse itself.
This outcome exposes a troubling reality:
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Loopholes in enforcement: OSHA can only levy fines when an employer clearly violates a written standard. In this case, regulators saw failures in communication and preparedness but stopped short of calling them direct violations.
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Retaliation sidestepped: Reports of workers being threatened with termination for leaving during the tornado fell under OSHA’s whistleblower provisions. But retaliation complaints follow a separate, slower process that does not automatically result in fines or penalties for employers.
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System stretched thin: With fewer than 2,000 inspectors overseeing the safety of more than 130 million American workers, OSHA’s reach is limited. Many cases like Edwardsville end with warnings instead of accountability.
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The result? The facility avoided financial or legal consequences, despite workers reporting that they were effectively trapped by fear of losing their jobs. This reveals a dangerous gap between the rights workers are supposed to have and the reality of how those rights are enforced. In practice, it means employers can discourage workers from protecting themselves and walk away with little more than a warning.
Roadmap for Improvement: Ensuring Worker Safety and Empowerment
To prevent future tragedies, we must implement proactive measures to ensure that safety is more than just a set of policies, but a deeply embedded culture in every workplace. Here’s a roadmap to get started:
Post Rights Information Prominently
Employers should visibly post workers' rights in accessible areas, particularly regarding the right to refuse unsafe work. This information should be part of onboarding, and regular safety meetings should emphasize these rights to ensure workers are well-informed and confident in their ability to speak up during emergencies. By treating these rights as part of everyday operations rather than hidden in a handbook, companies can empower workers to act decisively when danger arises.
Strengthen Emergency Preparedness
Facilities should run frequent, realistic drills for severe weather, fires, and chemical accidents, ensuring that employees know exactly where to go and what to do under pressure. Safe zones should be clearly marked, and multiple communication channels should be used to deliver real-time instructions, as workers now expect updates within minutes during a crisis. This level of readiness can mean the difference between chaos and survival.
Enforce Anti-Retaliation Protections
Many workers hesitate to report hazards because they fear punishment, a fear that has been validated by repeated cases of retaliation across industries. Employers must establish anonymous reporting systems, provide whistleblower protections, and train managers to handle complaints fairly. Workers also need to know how their concerns are being investigated and what actions are taken in response. Trust can only grow when accountability is visible.
Prioritize Safety at the Leadership Level
At the leadership level, safety must be prioritized as strongly as productivity or profit. This means tying safety performance to management evaluations, dedicating resources specifically for safety improvements, and fostering an environment where raising concerns is seen as an act of responsibility, not defiance. A genuine safety culture starts at the top but is lived by every worker on the floor.
Close the Enforcement Gap
OSHA should be given broader authority to impose penalties when safety failures clearly endanger workers, even if they don’t fit neatly into existing written standards. Expanding the number of inspectors is also essential. Without stronger enforcement, rights remain theoretical, and employers face little incentive to change until after lives are lost.
A Path Forward with People, Plans, and Practice
Across industries, there are examples of companies and communities proving that a culture of safety can be built when people, plans, and practice come together.
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At a large Midwest distribution center, leaders recognized that workers weren’t sure where to go during severe weather. They introduced a multi-channel emergency alert system that combined overhead announcements, mobile notifications, and visual signage, ensuring no one was left in the dark during a crisis.
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A logistics firm in Texas rolled out a third-party anonymous reporting hotline, which encouraged workers to raise concerns without fear of losing their jobs. The change led to a measurable increase in hazard reporting, giving managers the chance to correct risks before they escalated.
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Even at the federal level, progress is visible. OSHA’s Severe Violator Enforcement Program (SVEP) has expanded in recent years to cover more industries, placing companies with repeat violations under stricter oversight. While enforcement gaps remain, programs like SVEP show that stronger accountability is possible when regulators step in.
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These examples show that change is possible when employers move beyond compliance and actively invest in a culture of safety. When workers are empowered to speak up, given the tools to act in emergencies, and assured that their rights will be protected, the workplace becomes not only safer but more resilient.
From Minimums to Mastery
The Edwardsville tragedy made clear that meeting minimum compliance is not enough to keep workers safe. When employees don’t know their rights and fear retaliation, even life-saving protections go unused. Employers and regulators alike must move beyond warnings and weak enforcement to foster a culture where safety is lived, not just written. By investing in training, communication, and anti-retaliation safeguards, we can ensure that every worker feels both safe and empowered. A safer future is possible, but only if action replaces complacency.
FAQs on American Workers’ OSHA Rights
What are three rights you have as a worker?
Under the Occupational Safety and Health (OSH) Act, U.S. workers have the right to a safe and healthful workplace free from recognized hazards, to receive training about workplace hazards and OSHA standards in a language they understand, and to report unsafe conditions or injuries without fear of retaliation.
What exactly is OSHA’s “right to refuse dangerous work,” and how can a worker invoke it?
OSHA gives employees the right to refuse work if they reasonably believe they face an imminent danger of serious injury or death. To invoke it, a worker should:
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Ask the employer to eliminate the danger.
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If the employer fails, refuse the unsafe task in good faith.
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Remain at the worksite until ordered to leave.
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Promptly file a complaint with OSHA to protect their rights.
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How can employees document unsafe conditions in a way that protects them legally?
Workers should keep detailed written records of unsafe conditions, including dates, times, and witnesses. Taking photos or videos (where workplace policy allows) can strengthen evidence. Employees should also submit written reports to supervisors and keep copies, so there’s proof of both the hazard and the attempt to report it.
What legal protections exist if an employer retaliates against a worker who raises safety concerns?
OSHA prohibits retaliation against workers who exercise their rights. If an employee is fired, demoted, or disciplined for reporting hazards, they can file a whistleblower complaint with OSHA within 30 days. If retaliation is proven, remedies may include reinstatement, back pay, and clearing disciplinary records.
Can workers be fired for leaving during an emergency if they believe their safety is at risk?
No. If employees have a reasonable belief that staying on the job poses an imminent danger of death or serious injury, they are legally protected under OSHA’s right to refuse dangerous work. Firing a worker under these circumstances is considered retaliation and can be legally challenged.
What role do unions or worker advocacy groups play in protecting safety rights?
Unions and advocacy groups provide collective bargaining power to push for stronger safety standards, enforce training, and negotiate anti-retaliation protections. They also help workers file OSHA complaints, track patterns of employer negligence, and lobby for stronger enforcement at the state and federal levels.
What industries face the highest rates of retaliation when reporting safety issues?
According to recent safety surveys, industries with high physical risk and tight production demands, such as warehousing, manufacturing, construction, and healthcare, report the highest rates of retaliation.
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