The Occupational Safety & Health Act (OSHA)
It all begins with an idea.
Job Safety and Health
All workers have the right to:
A safe workplace
Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.
Receive information and training on job hazards, including all hazardous substances in your workplace. See SDS and chemical storage compliance below.
Request a confidential OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. You have the right to have a representative contact OSHA on your behalf.
Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.
File a complaint with OSHA within 30 days (by phone, online, or by mail) if you have been retaliated against for using your rights.
See any OSHA citations issued to your employer.
Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.
Employers must:
Provide employees with a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA or reporting a work-related injury or illness.
Comply with all applicable OSHA standards.
Notify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related in-patient hospitalization, amputation, or loss of an eye.
Provide required training to all staff in language and vocabulary they can understand.
Prominently display an OSHA regulation poster in the workplace.
Post OSHA citations at or near the place of the alleged violations.
*On-site consultation services are available to small and medium-sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.
Storage of Chemicals
Chemicals should be stored in a designated area where they cannot contaminate or spill onto foods, linens, dishes, utensils, food equipment or any food contact surfaces. Many chemical manufacturers recommend that chemicals be stored in a cool, dry location. The product label should be reviewed for specific storage instructions. Chemicals must always be stored at least 6” off the floor and in containers that clearly identify their chemical contents.
Chemical Usage and Safety
It is important to always follow the manufacturer’s instructions when using chemicals to clean or sanitize. Cleaners and sanitizers will be most effective when used at concentrations and temperatures specified by the chemical manufacturer. This information can usually be found on the product label. Occupational Safety and Health Administration (OSHA) requires that this information be available to employees at all times. To satisfy this requirement, chemical manufacturers produce Safety Data Sheets (SDS)
The Safety Data Sheets contain:
The manufacturer’s contact information
Physical and chemical properties of the product
Information about the safe use and handling of material
Fire, explosion, reactivity, and health hazard information
Information about personal protective equipment that may be needed
Emergency procedures and first aid
The date the SDS was prepared
In addition, OSHA requires that all employees be trained about the chemicals used in the facility. This training should include the safe use of the chemicals, any hazards associated with the chemicals, the location of the SDS binder, and how to read an SDS sheet. The person in charge should have a written plan that describes chemical storage and labeling, as well as documented employee safety training on the proper use of those chemicals. A written record should also be kept of the employees who have received the training and the date it was given.
Whistleblowers are Protected
It all begins with an idea.
It is the public policy to encourage employees to notify an appropriate government or law enforcement agency, a person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation.
Who is protected?
Pursuant to California Labor Code Section 1102.5, employees are a protected class of individuals. “Employee” means any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city & county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or a university. (California Labor Code Section 1106)
What is a whistleblower?
A “whistleblower” is an employee who discloses information to a government or law enforcement agency, a person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violations or noncompliance, or who provides information to or testifies before a public body conducting an investigation, hearing or inquiry, where the employee has reasonable cause to believe that the information discloses:
A violation of a state or federal statute,
A violation or noncompliance with local, state, or federal rule or regulation, or
With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment.
A whistleblower can also be an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule regulation.
What protections are afforded to whistleblowers?
An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
An employer may not retaliate against an employee who is a whistleblower.
An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute or a violation or noncompliance with a state or federal rule or regulation.
An employee may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.
Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.
How to Report Improper Acts
If you have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or LLC to its shareholders, investors, or employees, call the California State Attorney General’s Whistleblower Hotline at 1-800-952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.
Equal Employment Opportunity Commission(EEOC)
It all begins with an idea.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.
Who is Protected?
Employees (current and former), including managers and temporary employees
Job applicants
Union members and applicants for membership in a union
What Organizations are covered?
Most private employers
State and local governments (as employers)
Educational institutions (as employers)
Unions
Staffing agencies
What Types of Employment Discrimination are Illegal?
Under the EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of Race, Color, Religion, National Origin, Sex (including pregnancy and related conditions, sexual orientation, or gender identity), Age (40 & older), Disability, Genetic information (including employer requests for, or purchase, use, or disclosure of genetic tests, genetic services, or family medical history), Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.
What Employment Practices Can Be Challenged as Discriminatory?
All aspects of employment, including:
Discharge, firing, or lay-off
Harassment (including unwelcome verbal or physical conduct)
Hiring or promotion
Assignment
Pay (unequal wages or compensation)
Failure to provide reasonable accommodation for a disability or a sincerely held religious belief, observance, or practice
Benefits
Job Training
Classification
Referral
Obtaining or disclosing genetic information of employees requesting or disclosing medical information of employees
Conduct that might reasonably discourage someone from opposing discrimination, filing a charge, or participating in an investigation or proceeding.
What Can You Do If You Believe Discrimination Has Occurred?
Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/work). You can reach the EEOC in any of the following ways:
Submit an inquiry through the EEOC’s public portal: https://publicportal.eeoc.gov/potal/login.aspx
Call: 1 (800)669-4000 (toll-free) | 1 (800)669-6820 (TTY) | 1 (844)234-5122 (ASL video phone)
Visit an EEOC field office (information at www.eeoc.gov/field-office)
E-mail: info@eeoc.gov
Additional information about the EEOC is available at www.eeoc.gov
Workplace Discrimination & Harassment
It all begins with an idea.
The California Department of Fair Employment and Housing (DFEH) enforces laws that protect you from illegal discrimination and harassment in employment based on your actual or perceived:
• Ancestry
• Age (40 and above)
• Color
• Disability (physical, mental, HIV and AIDS)
• Genetic Information
• Gender Identity, Gender Expression
• Marital Status
• Medical Condition (genetic characteristics, cancer, or a record or history of cancer)
• Military, or Veteran Status
• National Origin (includes language use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law)
• Race (including, but not limited to, hair texture and protective hairstyles. Protective hairstyles include, but are not limited to, such hairstyles as braids, locks, and twists)
• Religion (includes religious dress and grooming practices)
• Sex/Gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions)
• Sexual Orientation
California law prohibits workplace discrimination & harassment
The California Fair Employment, and Housing Act (government code sections 12900 through 12996) and its implementing regulations (California code regulations, title 2, sections 11000 through 11141):
1. Prohibit harassment of employees, applicants, unpaid interns, volunteers, and independent contractors by any persons and require employers to take all reasonable steps to prevent harassment. This includes a prohibition against sexual harassment, gender harassment, harassment based on pregnancy, childbirth, breastfeeding, and/or related medical conditions, as well as harassment based on all other characteristics listed above.
2. Require that all employers provide information to each of their employees on the nature, illegality, and legal remedies that apply to sexual harassment. Employers may either develop their own publications, which must meet standards outlined in California Government Code section 12950, or use material from DFEH.
3. Require employers with 5 or more employees and all public entities to provide training for all employees regarding the prevention of sexual harassment, including harassment based on gender identity, gender expression, and sexual orientation.
4. Prohibit employers from limiting or prohibiting the use of any language in any workplace unless justified by business necessity. The employer must notify employees of the language restriction and consequences for violation. Also prohibits employers from discriminating against an applicant or employee because they possess a driver’s license issued to a person who is unable to prove that their presence in the United States is authorized under federal law.
5. Require employers to reasonably accommodate an employee, unpaid intern, or job applicant’s religious beliefs and practices, including the wearing or carrying of religious clothing, jewelry or artifacts, and hairstyles, facial hair, or body hair, which are part of an individual’s observance of their religious beliefs.
6. Require employers to reasonably accommodate employees or job applicants with disabilities to enable them to perform the essential functions of a job.
7. Permit job applicants, unpaid interns, volunteers, and employees to file complaints with DFEH against an employer, employment agency, or labor union that fails to grant equal employment as required by law.
8. Prohibit discrimination against any job applicant, unpaid intern, or employee in hiring, promotions, assignments, termination, or any term, condition, or privilege of employment.
9. Require employers, employment agencies, and unions to preserve applications, personnel records, and employment referral records for a minimum of two years.
10. Require employers to provide leaves of up to four months to employees disabled because of pregnancy, childbirth, or a related medical condition.
11. Require an employer to provide reasonable accommodations requested by an employee, on the advice of their health care provider, related to their pregnancy, childbirth, or a related medical condition.
12. Require employers of 20 or more persons to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child or the placement of a child for adoption or foster care; also require employers of 50 or more persons to allow eligible employees to take up to 12 weeks leave in a 12-month period for an employee’s own serious health condition or to care for a parent, spouse, or child with a serious health condition.
13. Require employment agencies to serve all applicants equally, refuse discriminatory job orders, and prohibit employers and employment agencies from making discriminatory pre-hiring inquiries or publishing help-wanted advertisements that express a discriminatory hiring preference.
14. Prohibit unions from discriminating in member admissions or dispatching members to jobs.
15. Prohibit retaliation against a person who opposes, reports, or assists another person to oppose unlawful discrimination.
Filing a Complaint
The law provides for remedies for individuals who experience prohibited discrimination or harassment in the workplace. These remedies include hiring, front pay, back pay, promotion, reinstatement, cease-and-desist orders, expert witness fees, reasonable attorney’s fees and costs, punitive damages, and emotional distress damages.
Job applicants, unpaid interns, and employees: If you believe you have experienced discrimination or harassment you may file a complaint with DFEH. Independent contractors and volunteers: If you believe you have been harassed, you may file a complaint with DFEH.
Complaints must be filed within three years* of the last act of discrimination/harassment. For victims who are under the age of eighteen, not later than three years after the last act of discrimination/harassment or one year after the victim’s eighteenth birthday, whichever is later.
To schedule an appointment, contact the Communication Center below.
If you have a disability that requires a reasonable accommodation, the DFEH can assist you by scribing your intake by phone or, for individuals who are Deaf or Hard of Hearing or have speech disabilities, through the California Relay Service (711), or you can contact us below.
DFEH is committed to providing access to our materials in an alternative format as a reasonable accommodation for people with disabilities when requested.
Government Code section 12950 and California Code of Regulations, title 2, section 11013, require all employers to post this document or you can obtain a poster from the DFEH website. It must be conspicuously posted in hiring offices, on employee bulletin boards, in employment agency waiting rooms, union halls, and other places employees gather. Any employer whose workforce at any facility or establishment consists of more than 10% non-English speaking persons must also post this notice in the appropriate language or languages.
To Contact DFEH:
Toll Free: (800) 884-1684 TTY: (800) 700-2320 contact.center@dfeh.ca.gov www.dfeh.ca.gov