SeguridadPregunta 1632 de 1632
A journeyman tells his own foreman that a trench is unshored and refuses to enter it. He is fired for that refusal, and he approaches the Labor Commissioner 14 months later. What is his position?
a.Neither act is protected, because the complaint went to his employer rather than to the Division
b.Both acts are protected and the filing window runs three years, so 14 months is comfortably in time
c.Both acts are protected, but the window for filing with the Labor Commissioner is one year
d.The refusal is protected and the complaint is not, and the window for filing runs one year
Explicación
Section 6310(a)(1) protects an oral or written complaint made to the Division, to another agency with safety responsibility, or to THEIR EMPLOYER, so telling the foreman is protected; section 6311 separately bars discharge for refusing work whose performance would violate a safety order where the violation would create a real and apparent hazard. The obstacle is timing, not substance: §98.7(a)(1) requires the complaint to be filed with the Labor Commissioner within one year after the occurrence of the violation, though that year may be extended for good cause.
Referencia Legal: Labor Code §6310(a)(1), (b); §6311; §98.7(a)(1)Practica las 1632 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)