380 | 2025 Cal-Peculiarities ©2025 Seyfarth Shaw LLP www.seyfarth.com their initial assignment, and whenever a new chemical hazard is introduced into their work area, among other requirements.7 14.5 Anti-Retaliation Provisions Employees may file complaints of discrimination with the Division of Occupational Safety and Health (DOSH) (commonly referred to as Cal/OSHA), alleging retaliation for complaining about unsafe working conditions. Employees may also sue for retaliation if they are laid off or discharged for refusing to perform work that would lead to violation of any occupational safety, health standard, or Cal/OSHA safety order where the violation would create a real and apparent hazard to the employee or their fellow employees.8 For employees who complain about unsafe patient care and conditions at a health care facility, there is a rebuttable presumption that any adverse employment action that occurs within 120 days of the complaint was in retaliation for the complaint.9 14.6 Tobacco Smoking Smoking is forbidden in enclosed spaces in nearly all California workplaces, and employers must not designate smoking break rooms for employees.10 A few workplaces are exempted, such as smoking guestrooms in hotels (limited to 20% of the rooms), tobacco shops and smokers’ lounges, theatrical production sites (if smoking is an integral party of the story), certain medical research or smoking treatment sites, private residences (except for family day care homes), and patient smoking areas in long-term health care facilities.11 The smoking ban includes the use of e-cigarettes and vaping devices that contain nicotine. 14.7 Drug-free Workplace California employers that receive state government contracts or grants must (1) publish and provide to each employee a statement that prohibits the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances, and lists the actions to be taken against employees who violate that prohibition, and (2) establish a drug-free awareness program.12 California’s 2018 legalization of recreational marijuana has not impaired an employer’s legal ability to enforce a drug-free workplace. That said, starting in 2024, employers will no longer be able to discipline or terminate a worker because of the worker’s off-the-job cannabis use.13 14.8 Repetitive Motion Injuries (RMIs) Under California’s first-in-the-nation ergonomics regulation, employers with 10 or more employees must create a program to minimize repetitive motion injuries ("RMIs") if: (1) two or more employees suffered RMIs within the previous 12 months, (2) the injuries occurred in jobs requiring the same repetitive motion, such as word processing, assembly, or loading, (3) the injuries resulted predominantly (more than 50%) from the repetitive job, and (4) a licensed physician diagnosed the injury as a musculoskeletal injury.14 The prevention program must consist of (1) worksite evaluation of each job similar to the one where the injury occurred in order to reduce exposures that have caused RMIs, and (2) training employees regarding the exposures, methods employed to reduce exposures, symptoms and consequences associated with RMIs, and the importance of reporting them. 14.9 “Hands off that Smartphone!” California drivers operating a moving vehicle must not use a cell phone unless the phone permits hands-free listening and talking and is so used while driving.15 They also must not hold or operate any electronic wireless
RkJQdWJsaXNoZXIy OTkwMTQ4