Labor Code Sections 6310 & 6311. The following are some examples of work that would likely create a risk of serious injury: Labor Code §230(a). Section 6311 protects workers who refuse to … To this end, the California legislature passed California Labor Code section 6310. ; Division: means the Division of Occupational Safety and Health.See California Public Utilities Code 99234.1 Labor Code … The California Labor Code (Section 6311) allows you to refuse to perform unsafe work as long as it is a violation of a Cal/OSHA standard or Labor Code provision and is hazardous enough that any reasonable person would think his/her health or safety would be in danger by doing the work. Labor Code section 6311. Workers’ compensation: An employer many not retaliate against an employee for filing a workers’ compensation claim. Labor Code Sections 6310 & 6311. (Amended by Stats. 1.3. Labor Code 6310 LC – occupational health and safety reports. § 6311, No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. Id. Third, Labor Code 6311.5 now prohibits employers from “willfully and knowingly” directing a domestic work employee to remain in or enter an area that poses a public health or safety concern. Mandatory Arbitration of Employment Disputes, CFR > Title 20 > Chapter I > Subchapter C - Energy Employees Occupational Illness Compensation Program Act of 2000, CFR > Title 20 > Chapter I > Subchapter F - Compensation for Injury, Disability, Death, or Enemy Detention of Employees of Contractors With the United States, CFR > Title 20 > Chapter I > Subchapter G - Compensation for Injury, Disability or Death of Civilian American Citizens Incurred While Detained by or in Hiding From the Imperial Japanese Government, U.S. Code > Title 29 > Chapter 15 - Occupational Safety and Health, U.S. Code > Title 29 > Chapter 16 - Vocational Rehabilitation and Other Rehabilitation Services, California Codes > Labor Code > Division 1 > Chapter 3 - Commission on Health and Safety and Workers' Compensation, California Codes > Labor Code > Division 1 > Chapter 4 - Division of Labor Standards Enforcement, California Codes > Labor Code > Division 1 > Chapter 6 - Occupational Safety and Health Standards Board, California Codes > Labor Code > Division 2 > Part 9 - HEALTH, California Codes > Labor Code > Division 5 - Safety in Employment, Florida Statutes > Chapter 553 > Part III - Trench Safety Act, Illinois Compiled Statutes > Chapter 820 > Health And Safety, Missouri Laws > Chapter 292 - Health and Safety of Employees, New York Laws > Labor > Article 15 - Mines and Tunnels; Quarries; Compressed Air, New York Laws > Labor > Article 29 - Training and Education Program On Occupational Safety and Health. California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work that would result in the violation of any occupational safety or health law and would “create a real and apparent hazard to the employee or his or her fellow employees.” A favorite trick in the wrongful-termination plaintiff's playbook is a claim under Labor Code sections 1102.5 or 6310, which both prohibit employer retaliation against employees who have complained to certain government agencies about employer conduct the employee believed to be unlawful. We will always provide free access to the current law. Labor Code 6310 LC – occupational health and safety reports. 6.). Location:https://california.public.law/codes/ca_lab_code_section_6311. MacDonald's supervisor responded that "these smoking issues were a serious … problem [and] would be addressed." Further, an employer may not retaliate against an employee for refusing to perform work under conditions in which the violate the health and safety laws. Cabesuela, 8 Cal.App.4th at 109. CA Labor Code § 6311 (2017) No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or … Labor Code Section 6311 prohibits an employer from discharging an employee who refuses to perform work that violates California’s health and safety laws where the violation would create a real and apparent hazard to the employee or the employee’s coworkers. Fortunately for workers there are a few situations in which that is the case. increasing citizen access. Labor Code section 98.7, subdivision (a) similarly provides that any employee who believes she has been discharged or discriminated against in … The following are some examples of work that would likely create a risk of serious injury: Department of Human Resources (2019) 7 Cal.5th 718, the California Supreme Court agreed with the oft-cited maxim that provisions of the California Labor Code in general do not apply to public employees unless they specifically say that they do. Code § 6310(a)(1). No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent … California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work that would result in the violation of … For more detailed codes research information, including annotations and citations, please visit Westlaw . The protection exists only when both of the following conditions are met: A worker refuses to perform work because of a violation of a Labor Code section … Terms Used In California Labor Code 6311. In addition, Read this complete California Code, Labor Code - LAB § 6310 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Defendant State of California employed MacDonald in an office. California Labor CodeSec.§6311. Rather, they have a direct right of action and can file their claims in court. Cal. Labor Code - LAB. The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers … That behavior would violate labor Code Sections 6310 & 6311 services and increasing citizen access 6310 ( a (... & sectionNum=6311.­ ( last ac­cessed Jun against any such conditions employer many not retaliate against an employee for a. 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