California’s Occupational Safety and Health Standards: Ensuring Workplace Safety
Feeling safe in your workplace is necessary because you spend most of your time here. California employment arbitration act used to aim to make you feel safe. By making sure you have your litigation rights.
Even though California now allows employers to mandate arbitration agreements, some laws are still in place to ensure workplace safety. As an employee in the Golden State, learn and stay current about these policies.
Occupational Safety & Health Administration (OSHA) Policies
The Occupational Safety & Health Standards Board is an organization. It develops policies to ensure a safe and healthful workplace for California workers by promoting, adopting, and maintaining reasonable and enforceable standards.
California administers the most extensive state OSHA plan in the nation. It has conducted the most inspections nationwide, cited hazards, and created safer working conditions for at least millions of employees. Besides providing free safety and health assistance to employers that can prevent occupational injuries and illnesses, other services include on-site visits, partnership programs, and telephone support to ensure:
- Safe and healthful working conditions
- Practical standards and enforcement,
- Research, information, and training regarding occupational safety and health.
But can it be affected by recent policies and laws on California employment arbitration? Let’s find out.
Arbitration Law for California Employees
Arbitration is a highly flexible process where a trained, professional, and neutral arbitrator decides to end a dispute. Arbitrators are often retired judges but need to follow traditional legal procedures. California’s Federal Arbitration Act, or FAA, follows specific steps in case of arbitration.
In arbitration, both parties choose a neutral arbitrator, a licensed professional. It is held in a private conference room. Here:
- The arbitrator presents ground rules,
- Each party makes an opening statement, presents evidence, and may ask questions to clarify their understanding.
- The parties deliver closing statements and submit post-hearing briefs.
- The arbitrator issues a written decision or award within the parties’ deadline, which cannot be appealed.
Employees’ Rights Regarding Signing Arbitration Contract
If you are wondering, “Can my employer force me to sign an arbitration agreement?” the answer is yes and no. As of 2023, employers in California can require employees to sign an arbitration contract as a condition of employment. However, they can’t force you.
If you agree to engage in future arbitration voluntarily, mutually determine the ground rules of arbitration, and choose an impartial arbitrator together. There are some positive sides to arbitration. Such as, they are likely to be inexpensive. The procedures are also faster as no juries are involved, and they are fair.
But, if you feel pressured into signing an arbitration agreement that you are uncomfortable with, you can consult with a lawyer. Try to discuss your options and possible future scenarios.
Bottom Line
Employers must weigh the advantages and disadvantages of California employment arbitration agreements, as do the employees. While arbitration can be faster and less expensive than court trials, it is not guaranteed.
Since California stopped criminalizing employers requiring arbitration agreements, many companies will start to mandate it. However, some companies choose not to require arbitration agreements due to cost concerns or recruiting needs.
In California, employers must pay the full arbitration costs. If workers refuse to execute arbitration agreements, employers may have to either hire or separate them, potentially losing good employees.
Photo Credit: Adobe Stock/ Vitalii Vodolazskyi