SafetyQuestion 605 of 1632

An employee who believes their workplace presents an unsafe condition may file a confidential complaint with Cal/OSHA. By law, the employee's identity:

a.Stays confidential unless the employee allows disclosure
b.Goes to the employer, so it can answer the complaint
c.Stays confidential until the citation becomes final
d.Is disclosed only if the complaint proves well founded

Explanation

Labor Code section 6309 requires the Division to keep the name of a complaining employee confidential unless the employee requests otherwise, and an inspector does not tell the employer who complained. The reason is practical rather than sentimental: a complaint is often the only way a hazard becomes known, and a worker who expects to be named will not make one. Option (b) has an instinctive appeal - the employer is answering an allegation - but the Division investigates the CONDITION, and the employer's answer is to show the condition is safe, which does not require a name. Options (c) and (d) delay disclosure rather than withhold it, and a protection that expires is no protection. Section 6310 separately makes it unlawful to discharge or discriminate against the employee who complained.

Law Reference: Labor Code §6309; §6310

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