Labor Code §6311 – Right to Refuse Unsafe Work

California Labor Code section 6311 says an employer cannot lay you off or fire you for refusing to perform work that would violate the Labor Code, a workplace safety or health standard, or a Cal/OSHA safety order, when that violation would create a real and apparent hazard to you or your coworkers. If you are laid off, fired or not paid because of a protected refusal, the statute gives you a right to recover wages for the time you were without work.

This page is a statute guide: what section 6311 says, who it covers, each element, the limits, the remedies and the deadlines. If you were punished for reporting a hazard rather than refusing work, see our explainer on Labor Code 6310 and safety complaints. For heat-related problems, see our guide to workplace heat illness and employer liability.

What Labor Code 6311 says

Section 6311 is short. Its current text has been in effect since January 1, 2021. In plain English, it says three things:

• The protection: no employee may be “laid off or discharged” for refusing to perform work where performing it would violate the Labor Code (including section 6400), any occupational safety or health standard, or any safety order of the Division of Occupational Safety and Health (Cal/OSHA) or the Occupational Safety and Health Standards Board, and the violation “would create a real and apparent hazard” to the employee or fellow employees.
• The remedy: an employee who is laid off, discharged or not paid because of such a refusal has a right of action for wages for the time without work.
• Domestic workers: notwithstanding section 6303 or other law, “employee” includes a domestic work employee, except a person who provides publicly funded household domestic services.

By the numbersOne year

Who section 6311 covers

Section 6311 protects employees. The Cal/OSHA part of the Labor Code uses the workers’ comp definition of “employer” (Labor Code 6304, pointing to section 3300), which includes the state, counties, cities, districts and other public agencies as well as private businesses. So public-sector workers are covered along with private-sector workers.

Domestic workers, such as housekeepers and nannies employed in a private home, are included by the statute’s own terms. The one carve-out is for people who provide publicly funded household domestic services.

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The elements, one by one

1. The work would violate a safety law

The refusal has to be tied to an actual legal requirement: a Labor Code provision, a safety or health standard, or a safety order (California’s safety orders are in Title 8 of the California Code of Regulations). The statute expressly includes section 6400, which says every employer “shall furnish employment and a place of employment that is safe and healthful.” Section 6402 adds that no employer may require or permit an employee to be in a place of employment that is not safe and healthful.

2. The violation would create a “real and apparent hazard”

A technical violation is not enough by itself. The violation must create a hazard that is both real and apparent to you or your coworkers. The statute doesn’t define the phrase, so whether a hazard qualifies depends on the facts: what you could see, what you were told, and what the safety rule is meant to prevent.

3. You were laid off or fired because you refused

Section 6311’s words are “laid off or discharged.” If the response to your refusal was a write-up, cut hours, a worse assignment or a demotion, look at Labor Code 6310 (which bars discrimination “in any manner” for safety complaints) and Labor Code 1102.5(c) (which bars retaliation for refusing to take part in an activity that would violate a law, rule or regulation).

Section 6311 next to related protections

Law	What it protects	Adverse action covered
Labor Code 6311	Refusing work that would violate a safety law and create a real and apparent hazard	Layoff or discharge; wages for time without work
Labor Code 6310	Safety complaints to Cal/OSHA, other agencies, your employer or your representative; safety committee work; reporting injuries	Discharge or discrimination “in any manner”
Labor Code 1102.5(c)	Refusing to participate in an activity that would violate a law, rule or regulation	Any retaliation; civil penalty up to $10,000 per violation
Federal OSHA right to refuse	Refusing work posing imminent danger of death or serious injury, under conditions OSHA lists	Federal whistleblower complaint

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Exceptions and limits

• No safety-law violation, no protection. Section 6311 doesn’t cover refusing work that is unpleasant, tiring or outside your job description if it doesn’t break a safety rule.
• The hazard must be real and apparent. A speculative or hidden risk is harder to fit within the statute.
• Layoff or discharge only. Other forms of punishment fall under sections 6310 or 1102.5 rather than 6311.
• Publicly funded household domestic services are excluded from the domestic-worker coverage.
• The federal test is different. Federal OSHA says a refusal is protected when, where possible, you asked the employer to fix the danger; you genuinely believe an imminent danger exists; a reasonable person would agree there is a real danger of death or serious injury; and there isn’t enough time to get it fixed through regular enforcement. Section 6311’s text doesn’t use “imminent danger” language.

By the numbersThirty days

Remedies

• Wages for time without work: section 6311 itself creates a right of action for these wages.
• Labor Commissioner complaint: under Labor Code 6312, you may file a complaint under section 98.7. The Labor Commissioner investigates and, if it finds a violation, can order relief such as reinstatement and lost wages with interest.
• Appeal rights: most Labor Commissioner retaliation decisions are not subject to administrative appeal, but in 6310 and 6311 cases the complainant may appeal the determination to the Director of Industrial Relations (Labor Code 98.7(e)).
• Related claims: if you also complained about the hazard, section 6310(b) provides reinstatement and reimbursement for lost wages and work benefits. A section 1102.5 violation carries a civil penalty of up to $10,000 per employee for each violation. A firing can also support a claim for wrongful termination in violation of public policy.

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Deadlines

Option	Deadline	Source
Complaint with the Labor Commissioner	Within one year after the violation; may be extended for good cause	Labor Code 6312, 98.7(a)
Separate, concurrent complaint with the U.S. Department of Labor	Within 30 days after the violation	Labor Code 98.7(a)(1)
Lawsuit for wages under section 6311	Section 6311 sets no deadline of its own; courts generally apply 3 years to liabilities created by statute	Code Civ. Proc. 338(a)
Wrongful termination in violation of public policy	2 years	Code Civ. Proc. 335.1

You don’t have to go to the Labor Commissioner before suing: Labor Code 98.7(g) says there is no requirement to exhaust administrative remedies. If you do file there, the time limit for a related court action is paused while the complaint is pending (Labor Code 98.7(d)). Because the 30-day federal window is so short, get advice quickly.

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Related sections

Section	What it adds
Labor Code 6310	Bars retaliation for safety complaints and related activity.
Labor Code 6312	Lets you file a 6310 or 6311 complaint with the Labor Commissioner under section 98.7.
Labor Code 98.7	The Labor Commissioner’s retaliation complaint process. See our Labor Code 98.7 explainer.
Labor Code 6400 and 6402	The employer’s basic duty to provide a safe and healthful workplace.
Labor Code 1102.5	Whistleblower protection, including refusing to break the law. See our Labor Code 1102.5 explainer.
Labor Code 6401.9	Workplace violence prevention plans. See our Labor Code 6401.9 explainer.

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How section 6311 plays out

💡 Example: Luis, a hypothetical roofer, earns $32 an hour on 8-hour days. His foreman tells him to work along an unguarded roof edge without the fall protection a Cal/OSHA safety order requires. Luis points out the missing protection and refuses. He is sent home and told not to come back, and the company rehires him three weeks later, after 15 lost workdays. If his refusal is protected under section 6311, his wages for the time without work are 15 × 8 × $32 = $3,840. Because he also raised the hazard with his foreman, section 6310 may apply too.

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What to do if you refused unsafe work

1. Tell your supervisor exactly what the hazard is and what rule you think it breaks, and ask for it to be fixed. Do it in writing if you can.
2. Offer to keep doing other work that is safe, so the refusal is clearly about the hazard.
3. Write down the date, time, who was there and what you were told. Take photos only if it is safe and allowed.
4. Report the hazard to your local Cal/OSHA district office. Cal/OSHA says a complainant’s name must be kept confidential by law unless the person asks otherwise.
5. If you are laid off, fired or not paid, file with the Labor Commissioner within one year, and consider the 30-day federal option. Don’t sign a severance agreement before it’s reviewed.

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FAQ: Labor Code 6311

Does section 6311 let me refuse any job I think is dangerous?

No. The work must actually violate the Labor Code, a safety or health standard, or a safety order, and the violation must create a real and apparent hazard to you or a coworker.

What is a “real and apparent hazard”?

The statute doesn’t define it. The words point to a danger that actually exists and is evident at the time, such as missing guarding or fall protection, rather than a remote or hidden possibility. Whether a particular hazard qualifies is decided on the facts.

Does section 6311 cover being written up or having my hours cut?

Section 6311 covers being laid off or discharged, and not being paid for the time without work. Other punishment is usually analyzed under Labor Code 6310 or 1102.5.

Am I covered if I’m a public employee or a domestic worker?

Public employees are covered because the Cal/OSHA definition of employer includes public agencies. Domestic workers are covered by the statute’s text, except those providing publicly funded household domestic services.

Is the California rule the same as federal OSHA’s right to refuse?

No. Federal OSHA’s conditions center on imminent danger of death or serious injury. Section 6311 is tied to a violation of a California safety requirement that creates a real and apparent hazard.

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Sources

• Labor Code (California Public Law mirror of leginfo, verified Sept.–Oct. 2026): §6311, §6310, §6312, §98.7, §6400, §6402, §6304, §3300, §1102.5
• U.S. Department of Labor, OSHA: Workers’ right to refuse dangerous work
• Cal/OSHA: How to file a workplace safety complaint
• DIR Labor Commissioner: How to file a retaliation complaint

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