Employees in California who have “reasonable concerns about health and safety violations” would be allowed to refuse work while still receiving full pay, under legislation introduced in late February.

Current California code protects against firing for refusing unsafe work, but “significant limitations” remain, said bill sponsor Assemblymember LaShae Sharp-Collins (D-La Mesa) in a fact sheet on A.B. 1371.

Existing law prohibits an employer from laying off or discharging an employee for refusing to perform work that would violate prescribed safety standards where the violation would create a real and apparent hazard to the employee or other employees, the new legislation noted.

“The law requires workers to prove they believe a labor law violation exists and that a real and apparent hazard is present. But the definition of ‘real and apparent’ is vague and subjective,” she said.

Meeting the conditions within the law is complicated and rarely achieved, she added.

The new legislation revises existing provisions to allow an employee, acting in good faith, to refuse to perform a task assigned by an employer if it violates prescribed safety standards or if the employee has a reasonable apprehension that the performance of the assigned task would result in injury or illness to the employee or other employees.

The bill requires the employee make an effort to alert the employer of their concerns. If the employer doesn’t respond or address the employee’s concerns, the employee can then refuse the work they deem hazardous. The employer must then continue the worker’s full salary until the work is determined to be safe.

“Despite existing protections, many workers remain unable to exercise their right to refuse unsafe work because current law does not provide a right to refuse work with pay, making it financially infeasible for most workers. Many workers feel financial pressure to continue working despite hazardous conditions,” Sharp-Collins said.

The bill, which includes anti-retaliation provisions, has been referred to the California Assembly’s Labor and Employment Committee.