Is It Legal for Your Employer To Fire You For Refusing Unsafe Work?

Pasadena, United States – July 9, 2026 / D.Law /

No worker should need to put their safety on the line just to fulfill their job requirements. But many employees, especially migrant workers, fear retaliation if they refuse to perform work that isn’t safe.

Can a worker be fired for refusing unsafe work? D.Law explains that if the work violates occupational safety and health standards, a worker may be legally permitted to refuse it without fear of retaliation.

D.Law is an employment law firm that helps workers protect their rights, whether they are wondering when they should not sign a severance agreement or exploring their options for refusing unsafe work. The firm explains more about safe work standards below.

What Is Considered Unsafe Work Under California Labor Laws?

California labor laws set standards that employers must meet to keep employees safe on the job. Division 5 of the Labor Code specifically sets the framework for safety in employment.

A few relevant labor codes include:

Labor Code § 6400: Requires employers to furnish a place of employment that is safe and healthful for employees
Labor Code § 6401: Requires employers to create occupational health and safety training programs to instruct workers in safe work practices regarding the specific hazards associated with their job assignments
Labor Code § 6402: Prohibits employers from permitting or requiring employees to be in any employment that is not safe and healthful

While terms like “safe and healthful” can be interpreted in different ways, the California Occupational Safety and Health Act (Cal/OSHA) also lists a few specific hazards that workers are protected against, such as unsafe air quality, exposure to toxic smoke or ash, and structural risks due to flooding, fire, or earthquakes.

Can You Be Fired for Refusing Unsafe Work in Pasadena?

Under California Labor Code § 6311, employers are prohibited from laying off or discharging workers who refuse to perform work that violates occupational health and safety standards under Division 5 of the Labor Code. Labor Code § 6311 specifically applies when the hazard is “real and apparent,” posing an actual risk to the employee and their coworkers.

An employer who fires an employee for refusing to work under these circumstances could face serious legal penalties. Under California’s whistleblower protections, employers are also prohibited from taking adverse action against workers who report unsafe working conditions, as such action could be considered blatant retaliation.

Any Pasadena worker who feels that their employer has violated their right to refuse dangerous work should contact an employment attorney at D.Law to explore their options.

About D.Law

D.Law is an employment law firm that represents workers in Pasadena and across California. The firm commonly handles cases involving wrongful termination, discrimination, retaliation, harassment, and other forms of unfair treatment in the workplace.

Interested parties can request a consultation by calling 818-275-5799, where they can also learn more about whether they may be fired for refusing unsafe work or explore their legal options.