Your workplace safety and health are vital for your well-being and productivity. You may have concerns about the safety or health conditions or practices at your workplace, such as unsafe equipment, hazardous materials, or inadequate ventilation. You may also want to exercise your rights under the federal or California law relating to occupational health and safety, such as filing a complaint, requesting an inspection, or participating in an investigation. You may also want to join or form an occupational health and safety committee to improve the work environment. However, you may be afraid of how your employer will react to your actions. Will you be harassed, demoted, or even fired for reporting or protecting your workplace safety and health? What if your employer retaliates against you for reporting a work-related injury or illness, or for requesting access to injury or illness records? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under California Labor Code Section 6310 and how we can help you if your employer violates them.
What is California Labor Code Section 6310?
California Labor Code Section 6310 is a California law that prohibits employers from discharging or retaliating against employees who do any of the following:
- Make any oral or written complaint about the safety or health conditions or practices at their workplace to their employer, to their employer’s representative, to any other employee, to the Division of Occupational Safety and Health (DOSH), or to any other governmental agency having statutory responsibility for or assisting DOSH in the administration or enforcement of occupational safety and health standards.
- Institute or cause to be instituted any proceeding relating to their rights to safe and healthful working conditions.
- Testify in any such proceeding.
- Exercise any rights afforded by the federal Occupational Safety and Health Act of 1970 (OSHA) or the California Occupational Safety and Health Act of 1973 (Cal/OSHA), such as filing a complaint, requesting an inspection, participating in an enforcement action, or refusing to perform work that would violate a safety standard.
- Participate in an occupational health and safety committee established pursuant to Section 6401.7.
Employees are also protected from retaliation if they report a work-related fatality, injury, or illness, or for requesting access to occupational injury or illness reports or records, unless the employee alleges retaliation because he or she has the intention to file or has filed a workers’ compensation claim pursuant to Section 132(a).
This law applies to all employers and employees in California, regardless of their position, status, or industry.
What are the benefits of California Labor Code Section 6310?
California Labor Code Section 6310 provides several benefits for employees who report or protect their workplace safety and health. These include:
- The right to report or protect your workplace safety and health without fear of losing your job or facing other negative consequences from your employer.
- The right to challenge any retaliation by your employer for reporting or protecting your workplace safety and health.
- 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 reporting or protecting your workplace safety and health.
- 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 6310?
California Labor Code Section 6310 does not cover every situation where an employee may report or protect their workplace safety and health. 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 comply with every complaint or request made by their employees regarding their workplace safety and health, as long as they act reasonably and in good faith.
- It does not protect employees who make false, frivolous, or malicious complaints or reports about their workplace safety and health.
How can we help you if your employer violates California Labor Code Section 6310?
If you believe that your employer has violated your rights under California Labor Code Section 6310 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for reporting or protecting your workplace safety and health, 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.
