Bill Text: CA SB1426 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Occupational safety and health: injury and illness prevention programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1426 Detail]

Download: California-2019-SB1426-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1426

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Introduced by Senator Bradford

February 21, 2020

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An act to amend Section 6310 of the Labor Code, relating to occupational safety and health.

LEGISLATIVE COUNSEL'S DIGEST

SB 1426, as introduced, Bradford. Occupational safety and health: complaints: retaliation.

Under existing law, it is unlawful to discharge or discriminate against an employee for making a complaint regarding employee safety or health, instituting or testifying in a proceeding relating to the employee’s rights, participating in an occupational health and safety committee, or reporting a work-related fatality, injury, or illness. Existing law makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.

This bill would make nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 6310 of the Labor Code is amended to read:

6310.

 (a) No A person shall not discharge or in any manner discriminate against any employee because the employee has done any of the following:

(1) Made any an oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her their employer, or his or her their employer’s representative.

(2) Instituted or caused to be instituted any a proceeding under or relating to his or her the employee’s rights or has testified or is about to testify in the proceeding or because of the exercise by the employee on behalf of himself, herself, the employee or others of any rights afforded him or her. the employee.

(3) Participated in an occupational health and safety committee established pursuant to Section 6401.7.

(4) Reported a work-related fatality, injury, or illness, requested access to occupational injury or illness reports and records that are made or maintained pursuant to Subchapter 1 (commencing with Section 14000) of Chapter 1 7 of Division 1 of Title 8 of the California Code of Regulations, or exercised any other rights protected by the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.), except in cases where the employee alleges he or she has they have been retaliated against because he or she has they have filed or made known his or her their intention to file a workers’ compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers’ Compensation Appeals Board.

(b) Any An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her their employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her their employer, or his or her the employer’s representative, of unsafe working conditions, or work practices, in his or her their employment or place of employment, or has participated in an employer-employee occupational health and safety and health committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.

(c) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.

(d) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.