California’s Labor Code § 1139, protects workers during emergencies. This legislation ensures employees have the right to prioritize their safety during disasters or perilous situations without fear of employer retaliation.
The law defines an “emergency condition” as a situation of disaster or extreme danger caused by natural forces or criminal acts. This includes orders to evacuate workplaces, homes, or schools. However, it explicitly excludes health pandemics. Employees are empowered to refuse to work or leave a workplace if they reasonably believe it poses a real danger of death or serious injury, provided their concerns are based on circumstances a reasonable person would agree are unsafe.
Employers are prohibited from taking adverse action against employees who act on such beliefs. Furthermore, they cannot prevent employees from using mobile devices to seek emergency assistance, assess safety, or check on loved ones. This provision ensures workers maintain a lifeline during crises.
Certain essential workers, including first responders, healthcare providers, and utility personnel, are exempt from these protections to maintain public safety and critical operations during emergencies. These exceptions reflect a balance between protecting individual rights and ensuring essential services remain operational.
Employees are encouraged to communicate with their employers about emergency conditions. When feasible, they must notify their employer before leaving or refusing to work; if prior notice isn’t possible, they should do so as soon as possible afterward.
By protecting workers’ rights in emergencies, this legislation underscores California’s commitment to workplace safety and employee well-being. It sets a precedent for prioritizing human life while maintaining critical functions during crises. Workers and employers alike should familiarize themselves with Labor Code § 1139 to ensure compliance and mutual understanding.
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