Where an employee is confronted with a choice between not performing assigned tasks or being subjected to death or serious injury arising from a dangerous condition at the workplace, such employee may refuse in good faith to expose himself/herself to the dangerous condition.
The condition causing the employee’s apprehension of death or injury must be of such a nature that a reasonable person under the same or similar circumstances then confronting the employee would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to
eliminate the danger through resort to regular statutory enforcement channels.