10 CFR 708.6 : Energy (§ 1.1 To Parts 1801-1899) — (§ 500.1 To Parts 1801-1899) — Department Of Energy (Parts 700-705 To Parts 964-999) — Doe Contractor Employee Protection Program (§ 708.1 To § 708.43) — General Provisions (§ 708.1 To § 708.9) — 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.