California law strongly protects employees who speak up about safety concerns in the workplace. Whether you work on a construction site, in a hospital, or at an office, you have the right to report unsafe conditions without fear of retaliation. Still, many workers hesitate to act, worried their job could be on the line. Here’s what you need to know about your legal rights and what to do if you face retaliation.
Your Right to a Safe Workplace
Under California’s Division of Occupational Safety and Health (Cal/OSHA), all employers are required to provide a workplace free of recognized hazards. Employees can report violations anonymously and request inspections if they believe safety protocols are not being followed. The law covers everything from broken machinery and poor air quality to chemical exposure and lack of personal protective equipment (PPE).
Legal Protections for Whistleblowers
California Labor Code § 1102.5 is the cornerstone of state whistleblower protection. It prohibits employers from retaliating against workers who report violations of state or federal law, including safety regulations, to a government agency or internally within the company. If you report unsafe conditions and are demoted, disciplined, or terminated shortly after, you may have a legal claim for retaliation.
Additionally, Cal/OSHA regulations prohibit employers from discharging or discriminating against employees who file safety complaints or cooperate with Cal/OSHA investigations.
What Retaliation Can Look Like
Retaliation isn’t always obvious. It might involve subtle forms of punishment like cutting your hours, reassigning you to an undesirable shift, or excluding you from meetings and opportunities. Other times, retaliation is more overt—like receiving a write-up without merit or being fired shortly after filing a safety complaint.
If you notice a pattern of negative treatment after raising concerns, it’s essential to document your experiences and consult with an employment attorney.
What You Can Do If You’ve Been Retaliated Against
Start by gathering records: emails, texts, write-ups, or any notes documenting unsafe conditions and your communication about them. You can also file a complaint directly with Cal/OSHA or the California Civil Rights Department (CRD), depending on the nature of the retaliation.
You may be entitled to compensation for lost wages, emotional distress, and potentially reinstatement to your position. Speaking with a lawyer can help determine the best course of action.
Conclusion
No one should fear losing their job for doing the right thing. Reporting unsafe conditions is not just a right—it’s a public good. If your employer punishes you for trying to keep yourself and your coworkers safe, legal help is available.
The experienced employment lawyers at Rothschild & Alwill, APC can help you navigate retaliation claims related to unsafe working conditions. Call our Central Valley office in Bakersfield at (661-369-8510) or our Santa Barbara office at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.