Workplace safety, PPE, Cal/OSHA, and retaliation protections for employees working during COVID-19
Workplace Safety During COVID-19
Across the United States, employees who continued working during the COVID-19 crisis faced the challenge of performing their jobs during a pandemic while trying to protect their health and safety. From nurses at UCLA Medical Center in Santa Monica and Kaiser facilities across California protesting a lack of Personal Protective Equipment (“PPE”) such as N95 masks, to food service workers at Amazon, Whole Foods, McDonald’s, and other fast-food chains raising concerns about missing masks, gloves, or proper sanitizing supplies, many employees reported that employers were not taking workplace safety seriously.
California Employer Duty to Provide a Safe Workplace
In California, employers have a legal obligation to provide a safe workplace and necessary safety equipment. California law broadly requires employers to “furnish employment and a place of employment that is safe and healthful for the employees therein.” Cal. Labor Code § 6400.
California law also requires employers to “furnish and use safety devices and safeguards… which are reasonably adequate” and to “do every other thing reasonably necessary” to protect employee health and safety. Cal. Labor Code § 6401 (emphasis added).
These safeguards are intended to be interpreted broadly to include “any practicable method” of mitigating or preventing a specific danger. Cal. Labor Code § 6306(b) (emphasis added).
Personal Protective Equipment (PPE): Who Pays Under Cal/OSHA?
During COVID-19, reports surfaced nationwide that employees had to purchase their own PPE in order to work safely—equipment their employers did not provide. In California, the California Occupational Safety and Health Act (“Cal/OSHA”) was enacted to help ensure safe and healthy working conditions. Cal. Labor Code § 6300 et seq.
- Employers generally must pay for required PPE and cannot require workers to provide their own.
- If a worker provides their own PPE, the employer must ensure it is adequate to protect against workplace hazards.
- Employers may need to reimburse employees for job-required equipment they purchase for workplace use.
Examples of employer-paid PPE can include eye protection, goggles, and face shields when needed to protect employee health and safety. During COVID-19, protective supplies such as hand sanitizer and appropriate cleaning facilities could also be critical to reduce the risk of infection.
Employee Rights to Refuse Unsafe Work
Another major concern during the pandemic was employees’ fear of speaking up about unsafe conditions. For example, reports indicated that at least 10 nurses at Providence Saint John’s Health Center in Santa Monica were suspended after demanding protective respirator masks and stating they would not enter COVID-19 patient rooms without proper PPE. (Those nurses were later reinstated.)
California law allows an employee to refuse unsafe work under certain circumstances. Cal. Labor Code § 6311 permits an employee to refuse to perform work if the conditions are hazardous enough that a reasonable person would believe their health or safety would be in danger, after notifying the employer and giving the employer an opportunity to correct the unsafe condition.
Retaliation and Whistleblower Protections
California law also prohibits retaliation against employees who report or complain about workplace safety violations or the employer’s failure to comply with safety and health regulations.
- Cal. Labor Code § 1102.5 protects workers who report suspected legal violations (including to government agencies or internally).
- Cal. Labor Code § 6310(a) prohibits discrimination or retaliation for complaining about workplace safety and health issues.
- Cal. Health & Safety Code § 1278.5 provides additional protections for healthcare whistleblowers.
When to Talk to an Employment Attorney
If you continued working during the COVID-19 crisis and your employer did not provide appropriate safety equipment, failed to maintain a safe workplace, required you to buy needed protective equipment, or retaliated against you for raising safety concerns, you may have legal options. Consider speaking with an employment attorney to evaluate your situation and next steps.
Related resources: