Carlsbad Unsafe Working Conditions Lawyer

Carlsbad Unsafe Working Conditions Attorney

California is an advocate for the employees that keep companies running and the economy functioning. Without the workforce, California could not thrive. Unfortunately, some employers try to take advantage of California workers by cutting corners and creating a hazardous workplace where employees are trying to earn a living from which they can support themselves and their families. Fortunately, a Carlsbad unsafe working conditions lawyer can help.

At Clapp Legal APC, our team of employment attorneys fights for the rights of workers. We know that your ability to perform your job is a necessity. When you arrive at work to perform that job, you expect that the proper training was implemented to ensure you can return home to your family at the end of the day. However, we know that employers who seek to maximize profits by cutting costs could be held liable when they come at the cost of employee health and safety.

California Workplace Protections

When it comes to your health and safety at work, Californians are protected by both state and federal acts. The California Occupational Safety and Health Act and the federal Occupational Safety and Health Act guarantee that employers take the responsibility of providing their employees with healthy and safe working conditions. These acts lay out specific rights that are granted to employees. These include:

• The right to be provided with proper training that includes safety implementation
• The right to be notified of any potential exposure to hazardous material.
• When working with hazardous materials, you have the right to be provided with proper safety equipment.
• If you feel your workplace is unsafe, you have the right to confidentially request the Division of Occupational Safety & Health (DOSH) perform an inspection.
• The right to confidentially file a complaint with DOSH if you feel the working conditions are unhealthy or unsafe.
• If your employer is in violation of health and safety expectations, you have the right to refuse to work. However, this should be done under the advisement of an attorney.

Because these rights are guaranteed to employees, your employer may not retaliate against you should you choose to exercise these rights. If you feel you have been retaliated against for bringing unhealthy or unsafe working conditions to the attention of your employer, you have six months from the time of retaliation to file a formal complaint. These filings are given to the Labor Commissioner. For federal employees, the statute of limitations is reduced to 30 days.

Refusal to Work in Unsafe Conditions

If you feel your employer is not addressing the standards of work and it is creating a hazardous situation for you to work in, you have the right to refuse to work. This is covered in California Labor Code 6311. Before enacting this right, you should speak to an attorney to ensure that you are protected. You must be able to show that any reasonable person in the same situation would make the same decision. Examples of hazardous working conditions include:

• Using a loader to load scrap metal into a melting pot that does not have the proper safety elements.
• Being informed that the lead material you are melting or pouring has been exposed to radiation and are told to continue working with the material.
• The place where you work has the potential to expose you to airborne poisons, and you are left at risk of inhalation.
• Operating a company motor vehicle that is not properly maintained and could cause an accident or is difficult to operate.

These are just a few examples of hazardous working conditions and in no way reflect the totality of them. However, if you feel you are being asked to work in an unsafe environment, your first duty before refusing work is to inform your direct supervisor of the situation. Before you can file a formal complaint, you should be able to document that you brought the concern to the attention of your employer and they did not take the opportunity to correct the situation.

You should put this notification in writing, such as an email, from which you can document who you told, when, and what exactly you specified. If you refuse to work, follow the same in writing but indicate that once the condition is corrected, you will return to work. After refusing to work, you should then work with your attorney to file a formal complaint by contacting the state or federal regulator.

FAQs

Q: Can You Sue for a Hazardous Work Environment in CA?

A: If you are forced into a working environment that is considered hazardous, toxic, or unsafe, you have the right to file a complaint against your employer and seek damages. Damages could include lost wages, medical treatment that may result from injuries suffered, and more. Hazardous work environments include if your employer is creating a toxic workplace.

Q: What Is Legally Considered a Hazardous Work Environment in California?

A: Hazardous working conditions include any practices that are considered unsafe, toxic, discriminatory, or otherwise prevent an employee from completing the work for which they were hired. This can include improper training, working in extreme heat or cold, harassment, racial slurs, or a failure to provide proper safety equipment.

Q: How Much Money Is a Hazardous Work Environment Case Worth?

A: The circumstances of every case will vary, which means the exact dollar amount that you may be entitled to will depend on your case. In any employment claim, you can sue for damages that include lost wages, medical expenses, and more. Some types of cases have a cap that employees can recover. To find out what your claim may be eligible for, check with an employment attorney.

Q: Can I Get Unemployment if I Quit Due to a Hazardous Work Environment in California?

A: If your health and safety at work are put at risk because of your employer’s improper care, training, or provision of safety, you have the right to file for unemployment if you quit. There are many different types of hazardous working conditions, but no matter which one you may experience, speak with an attorney who can help you understand your options.

Carlsbad Employment Attorney

Your right to work is valuable to you, your family, and to California’s economy. Working in safe conditions should be an expectation that you have and should be one that you hold your employer accountable for. If you feel your employer has failed to provide you with a healthy or safe working environment, contact the attorneys at Clapp Legal APC. Our team not only understands your rights but has years of experience fighting for them.