A claimant who leaves work due to reasonable concerns regarding unsafe working conditions or inadequate lighting, heat, ventilation or sanitation can have good cause for quitting. SRH §§ 1214(A) (faulty or unsafe equipment), 1224(B) (inadequate working conditions), and 1224(C) (risk of injury or danger to health). For example, a claimant leaves work for good cause when working conditions expose him/her to a risk of injury or danger to health beyond the normal hazards of the job. However, the claimant should attempt to resolve the hazardous condition or faulty equipment by making a complaint to the employer prior to leaving work. Id. Where the employer does not permit an employee to do so, the claimant has good cause to resign. BR-110509 (9/28/10).
In a recent District Court decision, the Court approved a reversal of the denial of UI where an employer's smoking policy at the nursing home where the claimant was employed as a nurse's aid subjected her to unwanted second-hand smoke; this exposure constituted good cause for her leaving attributable to the employer. Perez v. Cicatiello, Boston Municipal Court, Docket No. 2009-01-CV-4076 (Forde, J) 6/14/11.