Know Your Rights: Port Workers and Safety Reporting
Know Your Rights: Port Workers and Safety Reporting
Working at the Port of Long Beach comes with real safety risks—heavy machinery, hazardous materials, and high-pressure deadlines create dangerous conditions. What many workers don't know is that both California and federal law specifically protect you from punishment when you report these dangers.
California Labor Code §6310 makes it illegal for employers to retaliate against you for filing safety complaints with Cal/OSHA, your employer, or other specified parties. Federal OSHA Section 11(c) provides similar protections at the federal level.
California courts have interpreted these protections broadly. In Lujan v. Minagar, the court held that employers cannot engage in "preemptive retaliation"—firing someone the employer fears will file a safety complaint—even before any complaint is actually filed.
The catch? Deadlines are brutal. Federal OSHA retaliation complaints must be filed within just 30 days of the adverse action. California complaints generally have a six-month deadline, but the timeline can vary depending on which remedy you pursue.
If you reported a hazard and your employer responded with termination, demotion, shift changes, or hostile treatment, document everything immediately. Save emails, text messages, and witness statements. Keep a detailed written log with dates, times, and descriptions of events.
Staying silent won't protect you—the law does. But only if you act within the deadlines.