Legal Question in Employment Law in California

Due to the recent storms that hit the Los Angeles area this past week, we have a very bad leaking problem from the warehouse roof in our warehouse. There are leaks everywhere causing puddles of water throughout the warehouse floors. Even though the rain has stopped, there is water trapped between the roof and aluminum sheets inside the roof, these sheets are giving out and that water is falling unexpected everywhere. Over material, machines, ect.

What really worries me is the smell that this water has, it's very nasty. I'm thinking maybe even hazardous to us. Management doesnt seem to think so since no action has taken place, are they correct in ignoring this?

i'm the warehouse manager and brought this up, i have pictures and also one of the lighting fixtures caught on fire yesterday (sparks all over, burned smell)


Asked on 12/24/10, 9:26 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you reasonably believe the warehouse is a hazard to your safety or to others, and the employer refuses to acknowledge the hazard, you can make a complaint to Cal OSHA, either anonymously, or by using your name. They have the responsibility to send someone out o inspect the workplace to determine if there is a true hazard. If so, they will cite the employer, requiring them to correct the problem. It is illegal for an employer to retaliate against an employee who complains to Cal OSHA.

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Answered on 12/29/10, 10:46 am
James Sanchez Law Office of James V. Sanchez

Cal Labor Code 2260 is your basis for enforcement of the Cal OSHA standards. Specifically to Cal OSHA, under the Title 8, section 3273, the work area must be reasonably free of water.

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Answered on 12/29/10, 3:00 pm


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