In the state of California, a robust legal framework in the form of the California Occupational Safety and Health Act (Cal/OSHA) safeguards workers from potential dangers in the workplace. Yet, a significant portion of the workforce remains uninformed about their rights and the protective measures under Cal/OSHA, which is California’s equivalent to the federal Occupational Health and Safety Act.
Remarkably, Cal/OSHA offers enhanced protection in various areas like chemical exposures, repetitive strain injuries, and ailments related to heat exposure. Read on to learn what your rights are if you are asked to do unsafe work. Then contact PLBH at (800) 435-7542 for a legal consultation.
Safety Provisions and Employer Responsibilities under Cal/OSHA
Cal/OSHA mandates all employers to publicly display information emphasizing both their duties and the safety rights of their employees. This information encapsulates several aspects, including the rights of employees to:
- Bring attention to what they perceive as hazardous work conditions.
- Seek workplace safety inspections.
- Decline tasks or operations that seem perilous.
- Gain insights under the Hazardous Substances and Information Training Act.
In California, it’s unequivocal that employees shouldn’t be compelled into tasks that pose apparent risks. An individual can abstain from a task if they genuinely sense an imminent threat to their well-being and if the employer disregards the raised safety concern.
This refusal stands justified if the situation doesn’t allow for timely reporting to relevant authorities, and there aren’t viable alternative approaches to undertake the task safely. To illustrate, if an employee is directed to ascend a scaffold devoid of essential safety apparatus like a harness, they have the right to decline, especially after notifying Cal/OSHA and if no other safe execution methods are accessible.
Once these prerequisites are met and an employee chooses not to undertake the deemed hazardous task, any retaliatory action from the employer is strictly prohibited. As any adept employment retaliation attorney would expound, repercussions faced by the employee, ranging from shift alterations, reduced working hours, or even unwarranted dismissals, might constitute legal violations.
Given the scenario where an employee ‘whistleblows’ regarding unsafe work conditions to appropriate channels, they could be eligible for compensations. A seasoned employment retaliation attorney can guide such employees, ensuring their rights are preserved and justice served.
Furthermore, Cal/OSHA’s framework encompasses specific protections for whistleblowers. If an employee shares information, which they genuinely deem as non-compliance with federal or state regulations or highlights unsafe workplace practices, they are shielded under Cal/OSHA. Such individuals cannot be subjected to dismissals, retaliation, disciplinary actions, or any form of discrimination for either highlighting concerns or for steering clear of health-threatening conditions.
If you find yourself facing retaliation due to your refusal to partake in perilous workplace activities, PLBH stands ready to assist. Reach out to us at (800) 435-7542 for a complimentary consultation with our expert employment retaliation attorneys.