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Understanding the Right to Refuse Unsafe Work in California

整个国家, workers are reporting that they are being made to work without appropriate protections that may leave them vulnerable to COVID-19. Workers want to know: do we have the right to refuse work? 在这里阅读完整的事实说明.

概述 

There is a legal “right to refuse” unsafe work under the 加州劳工法第6311条. The law says an employee who is asked to do something dangerous can refuse that work if:

  • The employee knows or believes that doing the work creates a “real and apparent” health or safety hazard for themselves or their coworkers; AND 
  • The employee knows or believes that it is against the law according to the Labor Code or a 加州职业安全健康管理局 order, 标准, 或法规.

If you must refuse work or exercise your other occupational health and safety rights, it is best to do so with at least one fellow worker, 如果可能的话. When two or more workers act together to refuse dangerous work their action qualifies as “concerted activity” under the rules of the National Labor Relations Board. 

员工应该知道, 然而, that to date the California Division of Occupational Safety and Health (better known as 加州职业安全健康管理局) has not presented any definitive scenarios about the right to refuse and COVID-19, and it has not included this right in any of its guidance about COVID-19. 加州职业安全健康管理局 has stated that workers should consult with them about whether or not a specific situation constitutes a “real and apparent” hazard such that refusing to work would be protected. 

What constitutes a “real and apparent” hazard is not otherwise defined. 在目前大流行的情况下, we believe that only the following specific situation may constitute a relatively clear scenario in which a worker may refuse dangerous work: when they face being directly exposed to confirmed COVID-19 infected individual(s) or bodily fluid without proper safety protections.

对于其他场景, we encourage workers to act collectively to make sure their employers are following the guidance published by labor and public health agencies. 这些包括 加州职业安全健康管理局加州, 劳动委员办公室, California Department of Public Health, and County Departments of Public Health. For workers whose situation does not fit the above scenarios, we encourage them to 接触十大赌网app下载 and/or consult with 加州职业安全健康管理局 about their specific circumstances. 

在这里阅读完整的事实说明.