Can You Be Fired for Refusing Unsafe Work?

Your employer should never require you to put your health and safety at risk for the sake of performing your job duties. But can you be fired for refusing unsafe work? 

Under California employment law, workers have the right to a safe work environment. If your workplace violates safety standards, you may be legally justified in refusing to perform the work required of you without fear of repercussions. 

Speaking with employment attorneys in Pasadena, CA, can help you better understand your rights and legal protections. 

What Are Considered Unsafe Working Conditions in California?

California labor codes set strict standards for safe working conditions across the state. When employers violate these standards, they may face penalties. If you believe your employer is forcing you to work in unsafe conditions, searching for relevant labor codes can help you pinpoint whether they are violating state or federal laws.

These are a few California labor codes that your employer might violate by requiring you to perform unsafe work: 

• Labor Code § 6400: Requires employers to furnish a place of employment that is safe and healthy for employees 
• Labor Code § 6401.7: Requires employers to create occupational health and safety training programs to instruct workers in safe work practices with respect to the hazards specific to their job assignments
• Labor Code § 6402: Prohibits employers from permitting or requiring employees to be in any employment that is not safe and healthful 

The California Occupational Safety and Health Act (Cal/OSHA) also lists several specific unsafe working conditions that workers are protected from:

• Unsafe air quality
• Exposure to toxic smoke and ash
• Structural risks due to flooding, fire, or earthquakes
• Electrical or chemical hazards after a disaster
• Evacuation orders or active threats

Understanding occupational health and safety guidelines is key to identifying when your employer may require you to work in an unsafe environment. 

Can You Refuse To Work in Unsafe Conditions? 

Can you be fired for refusing unsafe work? The primary labor code that directly addresses the right to refuse dangerous work is California Labor Code § 6311. 

This law prohibits employers from laying off or discharging any worker who refuses to perform work that would violate an occupational safety or health standard under Division 5 of the Labor Code, where that violation would create a real hazard to the employee and their coworkers. 

This labor code includes a few key elements that you should understand to determine whether your employer has violated it: 

• The work you were asked to perform must violate a safety standard or regulation, not just be something that you subjectively believe is dangerous.  
• The hazard must be “real and apparent,” but not necessarily certain. For example, you do not need to prove that an injury has already occurred to show that an environment is dangerous. 
• Your employer cannot discharge you or threaten to discharge you for refusing the work. 

What To Do if Your Employer Is Asking You To Perform Unsafe Work 

If your employer is asking you to perform work that violates California’s occupational health and safety laws, you may be able to legally refuse the work. However, your case must meet a few criteria to be protected under Labor Code § 6311.

• You must believe in good faith that the work poses a “real and apparent” hazard. 
• You must notify your employer of the hazard if you can reasonably do so. 
• You must have no reasonable alternative but to stop working. 

Your safety comes first at work. If you believe that remaining in the work environment or completing the required job duties would put you in danger, you may be able to walk away from the site even if you are unable to notify your employer first. But ensuring that the situation meets the criteria above can help protect your job.

Understanding California’s Whistleblower Protections 

Aside from having the right to refuse unsafe work, you also have the right to report health and safety violations without fear of retaliation. California Labor Code § 1102.5 makes it illegal for employers to terminate, suspend, demote, or otherwise retaliate against workers for disclosing information to law enforcement, a government agency, or an internal supervisor. 

This code provides legal protections if you have a “reasonable cause to believe” that the information reveals a violation of laws or regulations. You are protected even if an investigation shows that your workplace was not in violation of safety standards.

When Being Fired for Refusing Unsafe Work Could Be Considered Wrongful Termination 

Wrongful termination occurs when an employer fires you in retaliation for taking a protected action. If you refused to perform unsafe work under Labor Code § 6311, your employer may be barred from firing you or taking any other negative action against you, such as:

• Reducing your pay or hours
• Moving you to a less desirable position
• Taking disciplinary action against you
• Giving you a poor performance review

In these cases, you may have the right to report the action and seek a reversal, or seek damages if you cannot reasonably return to your previous position. You might begin by reporting the retaliation to your human resources department. If these efforts are unsuccessful, you can file a complaint with the Labor Commissioner’s Office.

Even if your employer has honored your request to refuse the work without retaliation, they still have an obligation to mitigate the unsafe work conditions. If they do not, you can report workplace safety violations to Cal/OSHA or the Division of Occupational Safety and Health. You can choose to file anonymously if preferred. 

Contact a California Employment Attorney Today 

Can you be fired for refusing unsafe work? You may have the legal right to refuse unsafe work without fear or retaliation. An employment attorney in CA can explain more about your rights under California labor codes and OSHA guidelines. 

If you have been subject to unsafe workplace conditions, our attorneys at D.Law want to help you protect your rights. Contact us today at 818-275-5799 to request a free legal consultation.