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California Labor Code Section 6310 — Cal/OSHA Retaliation Prohibition
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
(a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) Made any 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, their employer, or their representative. (2) Instituted or caused to be instituted any proceeding under or relating to their rights or has testified or is about to testify in the proceeding or because of the exercise by the employee on behalf of themselves, or others of any rights afforded to them.
What does California Labor Code section 6310 establish?
Section 6310 prohibits employer retaliation for any Cal/OSHA complaint, inspection cooperation, or safety testimony, a separate cause of action that stacks on workers' compensation retaliation.
Section 6310 is California's rule prohibiting an employer from retaliating against a worker for complaining about or reporting Cal/OSHA safety violations, with damages including lost wages, reinstatement, and civil penalties. The remedy is separate from the workers' compensation retaliation petition. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) coordinates the Cal/OSHA retaliation remedy alongside the workers' compensation claim.
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, the retaliation remedy that adds reinstatement, back wages, and a $10,000 increase to the underlying award, California workers' compensation retaliation rule.
What employee activity does section 6310 California actually protect?
Remedies include reinstatement, lost wages and benefits, and civil penalties, the worker need not prove the safety violation was valid, only that the complaint was made.
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.
What remedies does section 6310 California provide for retaliation?
The one-year filing deadline runs from the retaliatory act, giving the worker time to gather documents, comparator evidence, and testimony before filing with the Labor Commissioner.
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.
How is section 6310 California different from §132a workers' comp retaliation?
Section 6310 can run concurrently with a section 132a workers' compensation retaliation petition, producing two separate tracks of recovery from a single retaliatory act by the employer.
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.
How does section 6310 California interact with §132a and §6400 safety regulations?
Evidence typically combines temporal proximity between the Cal/OSHA complaint and the adverse action, comparator employee treatment, and any internal communications showing retaliatory motive.
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.
Related on yazdchilaw.com: California §132a workers' comp retaliation pillar · California Labor Code §132a (workers' comp retaliation) · California Labor Code §5400.30 explained · What if my employer retaliates after claim.
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Tap to call →Frequently Asked Questions
What does California Labor Code section 6310 actually establish for safety whistleblowers?
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.
What employee activity does section 6310 California actually protect?
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 on the worksite.
What remedies does section 6310 California provide for a retaliated employee?
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 for the same conduct.
How is section 6310 California different from §132a workers' comp retaliation?
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 California 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 at the same time.
How does section 6310 California interact with §132a and §6400 safety regulations?
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 California employer to provide a safe place of work; section 6310 California protects the California employee who reports California Labor Code §6400 violations; and California Labor Code §132a California separately protects the California employee who files a comp claim arising out of a workplace-safety failure. A California worker may invoke all three California statutes against the same employer in appropriate cases.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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