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
injury;
(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.
