What are my options if my employer in California is not providing a safe working environment during COVID-19?
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As a lawyer, I understand that the COVID-19 pandemic has raised concerns for many employees in California who feel that their employer is not providing a safe working environment. In such a situation, employees have several options they can explore to ensure their safety.
First, it is essential to note that California has implemented various measures to protect employees in the workplace during the pandemic. These measures include mandatory wearing of masks, provision of hand sanitizers, and social distancing. Employers are also required to have a written COVID-19 prevention plan in place.
If an employee feels that their employer is not complying with these measures or taking enough precautions to ensure a safe working environment, they can file a complaint with the California Occupational Safety and Health Administration (Cal/OSHA). Cal/OSHA is responsible for investigating complaints of workplace safety violations and can issue citations or penalties to non-compliant employers.
Additionally, employees who feel that their health and safety are at risk due to their employer's lack of action can file a lawsuit for workplace safety violations. Under California law, employees have a right to sue their employer for injuries caused by unsafe working conditions. Employees can seek damages for lost wages, medical expenses, and any other losses resulting from workplace injuries or illnesses.
It is worth noting that some workers may not have the right to file a lawsuit against their employer. Under certain circumstances, such as when the employer has workers' compensation insurance, the employee may need to go through the workers' compensation system rather than filing a lawsuit.
In conclusion, if an employee in California feels that their employer is not providing a safe working environment during COVID-19, they have several options. These include filing a complaint with Cal/OSHA, filing a workplace safety violation lawsuit, and seeking workers' compensation benefits if applicable. It is important to seek legal advice from a licensed attorney who can provide tailored advice based on the specific circumstances of the case.
