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an act or failure to act that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of an employee’s duties or functions

Tuesday, December 3, 2019

A substantial danger means that a reasonable person would consider the danger serious and likely to result in real harm. This includes extreme damage or threat to the environment.

A specific danger means there is an actual threat and something or someone is at particular risk. The danger is identifiable and expected at a foreseeable future date.

Exception: danger that is a typical part of someone’s job is generally not included.