An employee's refusal to work in unsafe working conditions is protected activity under the Educational Employment Relations Act (EERA), where the safety concern is legitimate and reasonable, arises during the course of duties either necessary to the job or requested by the supervisor, and the refusal to work is limited to actual and reasonable safety concerns. Pleasant Valley School District (1988) PERB Decision No. 708.
An employee cannot be laid off or discharged, or otherwise not paid, for refusing to perform work in the performance of which the Labor Code, any occupational safety or health standard or any Labor Department safety order will be violated, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. Labor Code 6311.