Common use of SAFETY LAWS, RULES AND REGULATIONS Clause in Contracts

SAFETY LAWS, RULES AND REGULATIONS. The Port will adhere to all applicable safety laws and OSHA rules and regulations. It is understood that among those subjects covered by OSHA rules and regulations are: a hazard free workplace; safe tools and equipment; protective equipment; removing or guarding hazards; information and notices regarding OSHA; and no discrimination against employees for exercising their lawful rights. The parties further agree that the present state law regarding discrimination against employees relating to safety is as follows: No employee shall be laid off or discharged for refusing to perform work in the performance of which any occupational safety or health standard or any safety order of the division of standards board will be violated, where such violation would create a real and/or apparent hazard to the employee or his/her fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because he refused to perform work in the performance of which any occupational safety or health standard or any safety order of the division of standards board or environmental laws will be violated and where such violation would create a real and apparent hazard to the employee or his/her fellow employees shall have a right of action for wages for the time such employee is without work as a result of such layoff or discharge; provided that such employee notifies his employer of his intention to make such a claim within 10 days after being laid off or discharged and files a claim with the Labor Commissioner within 30 days after being laid off, or discharged or otherwise not paid in violation of this section.