708.6—What constitutes “a reasonable fear of serious injury?”
Participation in an activity, policy, or practice may cause an employee to have a reasonable fear of serious injury that justifies a refusal to participate if:
(a)
A reasonable person, under the circumstances that confronted the employee, would conclude there is a substantial risk of a serious accident, injury, or impairment of health or safety resulting from participation in the activity, policy, or practice; or
(b)
An employee, because of the nature of his or her employment responsibilities, does not have the training or skills needed to participate safely in the activity or practice.