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When confronted by a hazardous condition...

A railroad may not discharge or in any manner discriminate against an

employee for refusing to work when confronted by a hazardous condition if:

(a) the refusal is made in good faith and no reasonable alternative to refusal

to work is available; and

(b) the hazardous condition is of such a nature that a reasonable person would

conclude that:

(1) The condition presents an imminent danger of death or serious


(2) There is insufficient time to eliminate the danger through resort

to regular statutory channels; and

(c) the employee, where possible, has notified the employer of his concern of

such hazardous condition and of his intention not to perform the work unless

the condition is corrected immediately.

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