Legal Question in Employment Law in California

Re: Poor work place condition

Sorry, but I'm having a little difficulty envisioning a boot that is 4 inches by 5 inches by 8 feet tall, accommodating several employees at work. This situation gives a whole new meaning to the "string theory" of time and space.

Now that the chuckles have subsided, I'm sure you are referring to 4 feet X 5 feet. I'll assume your working conditions are "unsafe" and "unhealthy".

Your protections are found under the CA "Health & Safety Code". Section 11278.5 protects health care workers from retaliation if they complain about the "conditions of that facility".

Also, take a look at Labor Code section 6310 which protects employees from being fired ("or in any manner being discriminated against") because they file a complaint with the Division of Occupational Health and Safety (Cal OSHA).

So, if your cramped conditions are not just uncomfortable, but present a work "hazard", I suggest (a) try to resolve it first with H.R. and the safety officer for your hospital; and (b) if that fails, file with the Division. Hopefully, your employer will address the problem constructively. But if the boot fits, and the hospital refuses to wear it, then be aware that any retaliatory action taken by the hospital because you refuse to work in unhealthy, hazardous conditions will be basis for a court action.