Carl Frost, a maintenance mechanic for the Firestone Tire Company, was told to install a temporary chute in the carbon black tower at his plant during the night shift. The chute, which was located 40 feet up the tower, funneled the black substance used in tire manufacturing to conveyor belts at ground level. Frost and two other employees climbed the tower's ladder at 1:00 AM. The temperature was below freezing, and a steady snow was falling. The rungs of the ladder were icecovered from the mist of a nearby cooling tower. Frost and the others made the climb and worked with flashlights between their teeth due to poor lighting on the tower. Frost and the others worked on the tower until 3:30 AM, when they returned to the ground to obtain a part needed for completion. At that time, the supervisor, Dan Aphe, instructed Frost to remove the chute he had just installed and hoist a permanent replacement chute weighing 150 pounds up the tower and install it. Frost refused, stating it was "too bad" on the tower. Aphe told Frost to do the job or clock out. Frost clocked out and was subsequently suspended without pay for two weeks.

Frost's union brought an OSHA Section 11(c) complaint on his behalf, charging Firestone with discrimination because Frost reasonably believed he was in danger of death or serious injury and had no alternative but to refuse the job. Firestone maintained that it had an inherent management right to properly discipline employees.

Has Firestone discriminated against Frost? Decide. [Marshall v. Firestone Tire & Rubber Co., 8 OSHC 1637]