EmploymentQuestion 558 of 1632
Under Labor Code §6311, an employee who refuses to perform work that would create a real and apparent hazard violating an occupational safety order may NOT:
a.Be laid off or discharged for that refusal
b.Continue to receive other assignments from the employer
c.File a complaint with the Labor Commissioner
d.Be reassigned to safe work in the interim
Explanation
Section 6311 expressly bars layoff or discharge of any employee who refuses to perform work in violation of an occupational safety or health order where the violation would create a real and apparent hazard to the employee or fellow employees.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)