Lukov sued for retaliation in violation of California Labor Code sections 1102.5 and 6310. Nothing on this website should be construed as a guarantee, warranty, or prediction as to how any individual’s legal situation may play out in court or arbitration. 2018 California Code Labor Code - LAB DIVISION 5 - SAFETY IN EMPLOYMENT PART 1 - OCCUPATIONAL SAFETY AND HEALTH CHAPTER 1 - Jurisdiction and Duties Section 6310. While a whistleblower shouldn’t file a lawsuit expecting to recover a specific figure, California labor code 6310(b) allows for multiple remedies. California public policy supports the safety and well-being of employees in their place of work. The 2016-2017 list maintained by OSHA detailing high hazard industries includes: residential construction, framing contractors, steel product manufacturing, ground passenger transportation, couriers and messengers, nursing and residential care facilities workers, as well as skiing facilities. Management instructs employees to keep news of the fire secret while a solution is figured out. Current through 2020 Legislative Session. Continue reading to learn more about California labor code 6310, and who qualifies as an osha whistleblower. Universal Citation: CA Labor Code § 6310 (2018) 6310. Because settlements are subject to confidentiality rules, little data exists. In some instances, the whistleblower might be able to recover punitive damages designed to keep the employer from ever engaging in the retaliatory activity again. Employee A. notifies his immediate supervisor of his intention to complain to Cal OSHA. (1) Made any oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative. Employee A. believes that it is only a matter of time before something catastrophic happens. Labor Code Section 6310.Labor Code Section 6310prohibits retaliation against an employee who made an oral or written complaint to his/her employer or the California Division of Occupational Safety and Health (Cal OSHA) regarding health and safety in the workplace. Although there are multiple federal and state laws protecting the rights of whistleblowers, there is a section of California’s labor code that specifically protects a whistleblower’s right to complain about unsafe working environments. By Tony Oncidi on September 1, 2012 Posted in Employment Law Notes, Workplace Violence, Wrongful Termination. Terms Used In California Labor Code 6310. 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 his or her fellow employees. Code § 6310. The statute of limitations on an osha retaliation claim can vary depending on different circumstances. Labor Code §6310 is similar in many ways to §1102.5, and the two often are pleaded together. Labor Code 6310. A hypothetical osha retaliation case involving a mining worker could occur as follows: Employee A. works for a large mining operation and has worked multiple shifts in recent weeks in which several small tunnel fires have broken out. But you are not required to do so. This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace. Appeals board: means the Occupational Safety and Health Appeals Board, within the department.See California Public Utilities Code 99234.1; Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. For more detailed codes research information, including annotations and citations, please visit Westlaw. Jurisdiction and Duties Section 6310. increasing citizen access. Every case and every client's situation is different and this site is merely meant to provide information to the public. Under Labor Code §6310, it is unlawful to terminate someone for complaining about health and safety issues in the workplace, or out of apprehension that that person might complain to governmental authorities about such issues. To this end, the California legislature passed California Labor Code section 6310. In addition to recovering lost wages, a successful whistleblower might be able to recover damages resulting from emotional distress such as depression, anxiety and sleeplessness. You could qualify to file a case and obtain monetary compensation for your damages. 22. Labor Code Section 6310 also states that an employer may not retaliate against an employee who is a family member or is perceived to be a family member of a person who filed a complaint pursuant to Section 6310. Use this instruction for a whistleblower claim under Labor Code section 6310 for employer retaliation for an employee’s, or an employee’s family member’s, complaint or other protected activity about health or safety conditions. To be protected, the employee need only have a reasonable good faith belief in the existence of an unhealthy or unsafe working condition and/or practice. 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