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?

Giải thích

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.