Safety First: Unpacking Labor Code Violations 6310, 6311, and 6312

California Labor Code Sections 6310, 6311, and 6312 collectively safeguard employee rights related to workplace safety.

• Section 6310 protects employees from retaliation for reporting safety concerns or participating in safety-related investigations.

• Section 6311 grants employees the right to refuse unsafe work if they believe it poses an immediate danger to their health or safety, provided they notify their employer and are willing to perform the work once the hazard is addressed.

• Section 6312 mandates that employers maintain a safe working environment, comply with safety regulations, and ensure employees are informed about and adhere to safety protocols.

California Labor Code Section 6310

• Purpose

  • Protects employees from retaliation for engaging in safety-related activities.

• Protected Activities:

  • Reporting unsafe working conditions or practices to the employer or government agencies.

  • Participating in occupational safety or health committees.

  • Initiating or participating in proceedings related to workplace safety.

• Prohibited Retaliation:

  • Employers cannot fire, discriminate, or retaliate against employees for engaging in protected activities.

• Remedies for Retaliation:

  • Employees who experience retaliation may seek:

    • Reinstatement to their previous job.

    • Back pay.

    • Other compensation as appropriate.

• Enforcement:

  • The law ensures that employees have protection and recourse if they face retaliation for reporting safety issues or participating in safety activities.

California Labor Code Section 6311

• Purpose

  • Provides protections for employees who exercise their rights related to workplace safety and health.

• Protected Activities:

  • Employees have the right to:

    • File complaints about unsafe working conditions with the Division of Occupational Safety and Health.

    • Request inspections or investigations by the Division.

    • Participate in proceedings related to workplace safety and health.

• Prohibited Retaliation:

  • Employers are prohibited from:

    • Discriminating or retaliating against employees who exercise their rights as outlined above.

• Rights and Protections:

  • Employees are protected from retaliation for:

    • Reporting or complaining about safety issues.

    • Requesting inspections or participating in safety proceedings.

• Enforcement:

  • Employees who face retaliation can seek remedies, including:

    • Reinstatement to their job.

    • Back pay.

    • Other appropriate compensation.

California Labor Code Section 6312

• Purpose:

  • Addresses the penalties for employers who violate provisions related to workplace safety and health.

• Penalties for Retaliation:

  • Employers who retaliate against employees for exercising their rights related to workplace safety and health may face penalties.

    • Includes fines or other sanctions as determined by the court or administrative body.

• Legal Proceedings:

  • Employees who face retaliation can file a complaint with the Division of Occupational Safety and Health.

    • The Division may investigate and pursue legal action on behalf of the employee.

• Burden of Proof:

  • The burden of proof for demonstrating retaliation falls on the employee.

    • The employee must show that retaliation occurred as a result of exercising their safety rights.

• Remedies for Violations:

  • Remedies may include:

    • Reinstatement of the employee to their job.

    • Payment of back wages or other compensation.

    • Other appropriate remedies as determined by the court or administrative body.

• Administrative Enforcement:

  • The Division of Occupational Safety and Health is responsible for enforcing the provisions and ensuring that penalties are applied.

• Additional Provisions:

  • Ensures that retaliation penalties are consistent with other applicable labor laws and regulations.