Cal. Codes » Labor Code / DIVISION 5. SAFETY IN EMPLOYMENT / PART 1. OCCUPATIONAL SAFETY AND HEALTH / CHAPTER 3. Responsibilities and Duties of Employers and Employees
California Codes

Cal. Labor Code § 6401 (2026)

Responsibilities and Duties of Employers and Employees

✓ current as of May 2026
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Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees.

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1953–2025 · leading case: Day v. Sears Holdings Corp., 930 F. Supp. 2d 1146 (C.D. Cal. 2013).
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Day v. Sears Holdings Corp., 930 F. Supp. 2d 1146 (C.D. Cal. 2013). “2d 330 (1993) (granting a demurrer to plaintiffs claim of termination in violation of public policy because “[Labor Code §§ 6401 and 6403] do not support a public policy of encouraging proper medical care.”
Cal. Dep't of Indus. Relations, Div. of Occupational Saf. & Health v. Cal. Occupational Saf. & Health Appeals Bd., 236 Cal. Rptr. 3d 706 (Cal. Ct. App. 5th 2018). “, § 6307 [providing that the Division "has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws and lawful standards and orders, or special orders requiring such…”
California Corr. Supervisors Org., Inc. v. Dep't of Corr., 117 Cal. Rptr. 2d 595 (Cal. Ct. App. 2002). “” (Lab. Code, § 6401.) “No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful.”
Townley v. BJ's Rests., Inc., 249 Cal. Rptr. 3d 274 (Cal. Ct. App. 5th 2019). “Employers are required to furnish and provide safety equipment to employees free of charge pursuant to [workplace safety standards in] Labor Code §§ 6401 and 6403. [Citation.] .”
Lemmon v. City of San Leandro, 538 F. Supp. 2d 1200 (N.D. Cal. 2007). “In addition, it is clear, and the SLPD admits, that donning the uniform and equipment minimizes the potential for injury to officers, which in turn benefits the SLPD because it facilitates a ready and healthy police force. See Attarian Dep. at 27:14-21, 66:11-23.”
Elder v. Pac. Tel. & Tel. Co., 42 Cal. Comp. Cases 1090 (Cal. Ct. App. 1977). “” Labor Code section 6401 provides: “Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, *663 and processes which are reasonably adequate to render such employment and place of employment safe and…”
City of Palo Alto v. Serv. Employees Int'l Union, 163 L.R.R.M. (BNA) 2080 (Cal. Ct. App. 1999). “” Labor Code section 6401 states: “Every employer shall *335 furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and…”
Carmona v. Div. of Indus. Saf., 530 P.2d 161 (Cal. 1975). “Thus, for example, at the time of the present agency decision, Labor Code section 6401 provided: “Every employer shall furnish and use safety devices and safeguards and shall adopt and use practices, means, methods, operations and processes which are reasonably adequate to…”
Mercer - Fraser Co. v. Indus. Accident Comm'n, 251 P.2d 955 (Cal. 1953). “” (Lab. Code, § 6401.) ‘‘ ‘Safe’ and ‘safety’ as applied to an employment or a place of employment mean such freedom from danger to the life or safety of employees as the nature of the employment reasonably permits.”
Franklin v. the Monadnock Co., 26 I.E.R. Cas. (BNA) 289 (Cal. Ct. App. 2007). “” Labor Code section 6401 provides: “Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and…”
Teichert Constr. v. California Occupational Saf. & Health Appeals Bd., 21 OSHC (BNA) 1624 (Cal. Ct. App. 2006). “H Labor Code section 6401 states: “Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful.”
Davaris v. Cubaleski, 58 Cal. Comp. Cases 65 (Cal. Ct. App. 1993). “" (Lab. Code, §§ 6401, 6403, subd. (c).) These statutes, however, do not support a public policy of encouraging proper medical care.”
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