If you work in a health care facility, you may be required to lift, reposition, or transfer patients who are unable to move by themselves. This is a physically demanding and potentially hazardous task that can cause injuries to both you and the patient. You may have concerns about the safety or feasibility of lifting, repositioning, or transferring a patient, such as the patient’s weight, size, condition, or behavior, or the lack of trained lift team personnel or equipment. What if you refuse to perform this task due to your concerns about patient or worker safety? Will you be disciplined, demoted, or even fired for refusing to lift, reposition, or transfer a patient? What if your employer does not provide you with adequate training, equipment, or assistance to perform this task safely and effectively? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as a health care worker under California Labor Code Section 6403.5 and how we can help you if your employer violates them.
What is California Labor Code Section 6403.5?
California Labor Code Section 6403.5 is a California law that prohibits employers from discharging or retaliating against health care workers who refuse to lift, reposition, or transfer a patient due to the health care worker’s concerns about patient or worker safety or because of the lack of trained lift team personnel or equipment. This law also entitles health care workers who are subject to such retaliation to appropriate legal and equitable relief.
A health care worker is defined as an employee who provides direct patient care in a health facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
A trained lift team is defined as two or more persons who have been specifically trained in safe techniques for lifting, repositioning, and transferring patients and who are readily available to assist health care workers with these tasks.
What are the benefits of California Labor Code Section 6403.5?
California Labor Code Section 6403.5 provides several benefits for health care workers who refuse to lift, reposition, or transfer a patient due to safety concerns or lack of resources. These include:
- The right to refuse to lift, reposition, or transfer a patient without fear of losing your job or facing other negative consequences from your employer.
- The right to challenge any retaliation by your employer for refusing to lift, reposition, or transfer a patient.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates this law by taking any adverse action against you for refusing to lift, reposition, or transfer a patient.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of California Labor Code Section 6403.5?
California Labor Code Section 6403.5 does not cover every situation where a health care worker may refuse to lift, reposition, or transfer a patient. Some of the limitations of this law are:
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- It does not require employers to provide trained lift teams or equipment for every patient or every situation.
- It does not protect employees who refuse to lift, reposition, or transfer a patient without a valid reason or in violation of their professional duties.
How can we help you if your employer violates California Labor Code Section 6403.5?
If you believe that your employer has violated your rights under California Labor Code Section 6403.5 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for refusing to lift, reposition, or transfer a patient due to safety concerns or lack of resources, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
