Understanding Your Rights During Unsafe Working Conditions in California

In early 2025, a series of devastating wildfires swept through Los Angeles County, displacing families, destroying property, and putting thousands of workers in harm’s way. From toxic smoke blanketing entire neighborhoods to evacuation orders impacting places of business, these fires once again highlighted a critical question: What are your rights as a worker when your job becomes unsafe?

At Matern Law Group, we believe no employee should ever be forced to choose between a paycheck and personal safety. California law is clear: workers are entitled to a safe and secure workplace – even during emergencies like wildfires, earthquakes, floods, chemical spills, or active shooter situations. If your employer failed to protect you during the recent Los Angeles fires or another hazardous situation, here’s what you need to know about your rights and legal options.

What Counts as an Unsafe Working Condition?

Under the California Occupational Safety and Health Act (Cal/OSHA), all employers have a legal duty to provide safe workplaces. This includes protecting workers from:

• Exposure to toxic smoke and ash
• Unsafe air quality
• Structural risks caused by fire, flooding, or earthquakes
• Evacuation orders or active threats
• Electrical or chemical hazards following a disaster

In January 2025, the Palisades Fire in Los Angeles County significantly impacted air quality, prompting Cal/OSHA to remind employers of their obligations to protect workers from unhealthy air due to wildfire smoke. Employers were advised to monitor air quality and provide appropriate protections, such as N95 respirators, to employees.

If your employer fails to provide basic protections – such as masks, ventilation, remote work options, or temporary closures – they may be violating state safety laws.

California Labor Code Section 6400 states that every employer must furnish a workplace that is “safe and healthful.” This isn’t just a suggestion – it’s a statutory requirement.

What Happens If You Refuse to Work in Unsafe Conditions?

California law protects employees who refuse to work due to unsafe conditions under specific circumstances. According to Labor Code Section 6311, if you have a reasonable belief that performing your duties puts your health or safety at risk, and the danger is imminent, you have the right to refuse to work – without being punished or fired.

To be protected under this statute:

1. You must believe in good faith that the work poses a real and immediate hazard.
2. You must inform your employer of the hazard if it’s feasible to do so.
3. There must be no reasonable alternative but to stop working.

This law often comes into play during emergencies like wildfires. For instance, if you were asked to work in a warehouse surrounded by heavy smoke or active fire zones, you may have had the right to stay home or leave the job site without facing retaliation.

SB 1044: California’s Emergency Conditions Law

In response to increasing natural disasters, California enacted Senate Bill 1044, which took effect on January 1, 2023. This landmark law gives workers the right to leave or refuse to report to work during a qualifying emergency condition – including wildfires, earthquakes, floods, power grid failures, active shooter situations, and other disasters or criminal acts that create conditions of extreme peril.

SB 1044 protects you if:

• You are in an area affected by an emergency, and you reasonably believe the workplace is unsafe.
• You have been ordered to evacuate your home, workplace, or your child’s school due to a natural disaster.

Your employer cannot retaliate against you for not showing up during an emergency nor prevent you from using your mobile phone to contact emergency services or check on loved ones.

This law doesn’t apply to everyone. First responders, disaster service workers, and some healthcare workers are exempt, but for most employees, it provides robust protection in times of crisis.

What Are Your Employer’s Obligations?

California Labor Code Section 6401.7 requires all employers to maintain an Injury and Illness Prevention Program (IIPP). This program must include:

• Regular inspections for safety hazards
• Procedures for correcting unsafe conditions
• Safety training for all employees
• A system to report hazards without fear of retaliation

In the wake of a wildfire or similar emergency, your employer is responsible for evaluating workplace safety and taking timely, appropriate action to prevent harm.

What If You’ve Been Displaced Due to an Emergency?

If you lost your home or were forced to evacuate due to the wildfires or similar disaster, you may be entitled to certain leave protections, including:

• Paid Sick Leave for physical or mental health issues stemming from fire exposure
• Unpaid job-protected leave under the California Family Rights Act (CFRA)
• Local ordinances that may offer emergency-related leave

Your employer should also offer reasonable accommodations, such as flexible schedules or remote work, especially if your worksite remains in a compromised area.

Filing a Complaint with Cal/OSHA

If you believe your workplace is unsafe or that your employer is violating your rights, you can file a complaint with Cal/OSHA. You do not need to be injured to file a complaint. Unsafe conditions are enough.

To file, you’ll need:

• A description of the hazard
• Your job title and responsibilities
• Details of when the hazard occurred
• Whether your employer has taken any steps to fix the issue

You can file online, by phone, or in person. If you’re worried about retaliation, ask to remain anonymous.

Know Your Rights. Protect Your Safety.

Recent fires are a reminder that in California, natural disasters don’t cancel out your workplace rights – they reinforce them. If your employer failed to protect you during any emergency, you have legal options.

Reach out to Matern Law Group for a free, confidential consultation. Let’s make sure your voice is heard and your safety comes first.