“Very thankful for everything they did for us. Always responsive, reassured us every step of the way and obtained a great result.”
Miguel Orellana
✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Serving injured workers across California. Board-certified specialist; no fee unless we win.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code section 6310 prohibits retaliation against employees who file Cal/OSHA safety complaints, participate in safety investigations, or refuse to perform unsafe work. The section 6310 California rule is a workplace-safety retaliation prohibition separate from the §132a California workers' compensation retaliation rule.
California Labor Code section 6310 prohibits a California employer from discharging, threatening to discharge, demoting, suspending, or otherwise discriminating against an employee who exercises rights under the California Occupational Safety and Health Act. The section 6310 California rule reaches retaliation for filing a Cal/OSHA safety complaint, participating in a Cal/OSHA investigation, testifying before the California Occupational Safety and Health Standards Board, or refusing to perform work that violates Cal/OSHA standards. The section 6310 California rule is a workplace-safety whistleblower-protection statute, distinct from the California Labor Code §132a California workers' compensation retaliation rule.
Under California Labor Code section 6310, protected California employee activity includes: filing a Cal/OSHA safety complaint, internal or external; participating in a Cal/OSHA investigation or inspection; testifying before the California Occupational Safety and Health Standards Board or in any Cal/OSHA proceeding; exercising rights under the California Occupational Safety and Health Act on behalf of the worker or a coworker; and refusing to perform work that violates Cal/OSHA standards or that the California worker reasonably believes is unsafe. The section 6310 California protections cover the full range of safety-related employee conduct.
Under California Labor Code section 6310 and the California Labor Commissioner regulations, the retaliated-against California employee may file a complaint with the California Labor Commissioner's Office of the Labor Commissioner. The section 6310 California remedies include reinstatement to the former position, back pay (with interest), restoration of benefits and seniority, and civil penalties against the California employer. The section 6310 California complaint timeline is generally one year from the retaliatory act. Separately, the California employee may pursue civil tort remedies under the public-policy exception to California at-will employment.
Under California Labor Code section 6310 and California Labor Code §132a, the two California retaliation statutes cover overlapping but distinct conduct. The California Labor Code §132a California rule prohibits retaliation against an injured worker for filing a workers' compensation claim, testifying in a WCAB proceeding, or otherwise exercising rights under the comp statute — the §132a California remedy is a 50% increase in the comp award plus reinstatement, handled at the WCAB. The section 6310 California rule prohibits retaliation for Cal/OSHA-related safety activity — the section 6310 California remedy runs through the California Labor Commissioner, not the WCAB. The two statutes can apply simultaneously.
Under California Labor Code section 6310 (Cal/OSHA retaliation), California Labor Code §132a (comp retaliation), and California Labor Code §6400 (employer's general safety duty), the California whistleblower-protection framework operates as a system. The California Labor Code §6400 California rule requires the employer to provide a safe place of work; section 6310 California protects the employee who reports California Labor Code §6400 violations; and California Labor Code §132a California separately protects the employee who files a comp claim arising out of a workplace-safety failure. A California worker injured by a section 6400 California violation, who reports it to Cal/OSHA, and who files a comp claim may invoke all three California statutes against the same employer.
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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