No one should have to risk serious injury just to keep their job. California law understands this and gives workers power to protect themselves if they believe a work situation is unsafe. Many people are not aware that, under certain circumstances, you can refuse dangerous work without fear of punishment or losing your employment.
Knowing your rights under state law can make a big difference if you ever find yourself asked to do something that threatens your health or safety. If you’ve been injured due to being forced to work a dangerous job, contact our work injury lawyer in Los Angeles today.
When Can a California Worker Refuse Dangerous Work?
California law gives you the right to refuse work that breaks safety regulations or puts you in direct danger. Your employer cannot punish you for speaking up in good faith about safety issues. These protections apply only if specific conditions are met.
There Must Be a Real Hazard, Not Imagined Danger
The law only protects refusals when there is a real and apparent hazard. Everyday job tasks sometimes carry small risks, but choosing not to work is only shielded by law if there is an actual hazard present. It cannot be something you are only worried “might happen.” The danger must be more than minor or imagined.
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 their fellow employees.
The Hazard Has to Bring Risk of Serious Injury or Death
An unsafe condition triggers the right to refuse when it brings a genuine possibility of serious injury or even death. If something dangerous in your workplace presents serious risks, like working near exposed live wires, using faulty machinery, or being exposed to hazardous chemicals, it likely falls under this protection.
The Employee Acts in Good Faith
Good faith means you honestly believe the hazard exists and that your refusal is not about personal convenience or hidden motives. Documentation of why you believe the work is unsafe, as well as any efforts you made to ask for personal protective equipment or corrections, help show your sincerity if your choice is ever questioned.
You Informed Your Employer and Gave Them a Chance to Fix Things
Before stepping away from a dangerous job duty, the law expects you to notify someone in charge, if possible. This allows your employer time to respond by removing the hazard or addressing the risk. If the situation does not permit pausing to report, or if the hazard cannot be removed right away, you should be able to explain why immediate action was needed.
California’s protections provide real support in situations where danger cannot be ignored. Knowing how the law works helps you protect your rights on the job without facing unfair consequences.
What Happens if Your Employer Won’t Fix the Hazard and Tells You to Work Anyway?
If you tell your employer about a real safety problem and they refuse to fix it but still order you to do the dangerous job, you have the right not to do that work. California law supports your decision to step away in this situation. You are not required to put yourself in harm’s way just because your boss insists.
You may also be entitled to pay for the hours you would have worked while waiting for your employer to make your job safe. The law protects you from retaliation.
Any employee who is laid off or discharged in violation of this section or is otherwise not paid because the employee refused to perform work in the performance of which this code, any occupational safety or health standard, or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge.
If your employer tries to punish you for refusing dangerous work, or tries to cut your pay under these conditions, you should speak with a lawyer immediately.
Can Your Employer Fire or Discipline You for Refusing Unsafe Work?
No. It is illegal for an employer to punish you for refusing work you honestly believe is unsafe.
Retaliation is a broad term and covers much more than just being fired. Employers are not allowed to take negative action against you for raising valid safety concerns. Retaliation can include:
- Termination
- Lowering your pay or hours without good reason
- Demotion or removing important job responsibilities
- Harassment, such as threats or being treated unfairly after speaking up
- Unfairly bad performance reviews or sudden discipline
A retaliation claim is usually different from a workers’ compensation claim. You can pursue retaliation protection even if you do not have a physical injury or workers’ comp case.
How a California Workplace Accident Attorney Can Help
Standing up to unsafe work situations can feel overwhelming, especially if your employer pushes back or threatens your job. An experienced attorney understands both the law and the worries you face. They can help guide you, protect your rights, and represent your interests throughout the process. Here’s how:
Review and Investigate Retaliation
If your boss takes negative action after you report a safety hazard or refuse dangerous tasks, a lawyer can examine whether you have a strong case for retaliation. They will help you gather evidence and keep your story organized.
Guide You Through Cal/OSHA Complaints
Workplace safety violations often require official complaints to Cal/OSHA. Navigating the forms, filings, and required steps can get complicated. Your attorney can help make sure everything is accurate and your side is fully presented.
Seek Workers’ Compensation Benefits
If you’ve been injured on the job, or suffering stress because of the unsafe work, an attorney can lead your claim for medical care and wage replacement. They understand the paperwork, the deadlines, and common insurance defenses.
Talking to a workplace accident lawyer in Los Angeles doesn’t cost you anything up front. You get honest advice about your rights and your next legal steps. If you were punished or injured for exposing unsafe work, contact us for a free, confidential consultation.