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Employers must always be vigilant for the well-being of their workers, no matter how apparent the possible hazards. This is why the State of California’s Occupation Safety and Health Administration (Cal/OSHA) is ready to help with any concerns about workplace safety.
If you are concerned that conditions may result in a workplace accident, especially one resulting in injury, consider reporting these conditions to Cal/OSHA.
How do I report a hazard in the workplace?
You have the right to file a complaint with Cal/OSHA to ensure any hazards are rectified. Call the Cal/OSHA district office in the area that includes the work site. These locations, as well as detailed information about filing complaints, may be found on Cal/OSHA’s home page.
Make sure you have the following information so authorities can properly respond and investigate:
— Name and address of the employer, as well as the work site if it is different than the official address
— The location of the hazard within the work site, such as tools, workspaces, and rooms
— When operations and conditions are hazardous, such as scheduled work times or processes
— A description of the hazard in plain English (no special legal knowledge is required for an investigation to begin)
How is my identity and job protected?
Cal/OSHA will keep your name confidential from your employer, unless you request that it is released. You also have the right to a private interview with an inspector during an inspection, without your employer present. Ask the inspector for a business card so you may contact her/him later as well.
If an inspection results in a citation for unsafe working conditions, employees are not liable; only employers may receive citations. It is also against California law for an employer to punish workers for refusing to work in conditions Cal/OSHA has deemed unsafe or if you or your co-workers believe a real and apparent hazard would result.
If you have any continuing concerns about the safety of your workplace or have suffered injury or illness because of a workplace hazard, consult a legal advisor.
Source: Department of Industrial Relations Cal/OSHA, “Health & Safety Rights: Facts for California Workers,” accessed June 30, 2017
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Leviton Diaz & Ginocchio represents clients throughout California in the cities of Santa Ana, Orange, Tustin, Garden Grove, Anaheim, Westminster, Irvine, Long Beach, Huntington Beach, Newport Beach, Costa Mesa, Fountain Valley, Fullerton, Placentia, Cypress, Buena Park and Yorba Linda, as well as the greater regions of Orange County, Los Angeles County, San Bernardino County, Riverside County Bakersfield and the Inland Empire.