California Labor Code Section 1139 Protects Workers’ Rights In An Emergency

Has your boss required you to work in an unsafe situation, known as an emergency condition? Have they threatened retaliation if you do not?

This may now be illegal under California employment law.

LC 1139 Protects Workers During An Emergency

Unless you work as a first responder or in another essential profession known to be dangerous, no job is worth putting your life or safety in peril. Now there are labor codes in California to protect you from working in emergency conditions.

Senate Bill 1044 (SB1044) became law on January 1, 2023, and gained the official name of California Labor Code §1139 (LC 1139). It defines emergency conditions, and details who the labor code covers.

What Is An Emergency Condition?

According to LC1139, an emergency condition is when one of the following is true:

• A disaster or other hazardous situation that puts workers in danger or makes the workplace or worksite unsafe
• An order to evacuate has been issued to the workplace or worksite, worker’s home, or the school of a worker’s child

Here are two more things you need to know about what defines an emergency condition:

1. An emergency condition may be the result of either a criminal act or natural disaster
2. A health pandemic does not constitute an emergency condition

LC 1139 Doesn’t Require Special Expertise To Identify An Emergency Condition

The law further defines an unsafe workplace or worksite as a “reasonable belief that the workplace or worksite is unsafe.” In other words, the law says that a place is unsafe if a reasonable person would conclude that the workplace or worksite poses a real danger if they were to enter or remain there.

This reasonable person would not have to have special insight into the dangers – a workplace can be defined as unsafe based only on the circumstances the typical worker would know at the time.

In the event of an emergency condition, an employer cannot threaten or take action against a worker for refusing to work in an unsafe environment or leave the workplace because they feel it is dangerous.

LC 1139 does not apply to some workers, including:

• First responders
• Disaster service workers
• An employee that, by law, must stay or render aid
• Those who provide direct patient care in a healthcare or residential facility
• Some utility workers
• An employee of a private company that contracts with the government to provide aid in emergencies

Has Your Employer Forced You To Work In An Emergency Condition? You Have The Right To Refuse Without Fear Of Retaliation! Contact Your California Employment Lawyer At D.Law!

In most cases, your job is not more important than your safety! LC 1139 is a California law that helps keep workers safe. If your boss tries to make you work in an emergency condition or punishes you for refusing to, contact D.Law. Our attorneys are experts in California employment law and workers’ rights and can help you work safely at your job in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.