An emergency condition is defined as:

• Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act.
• An order to evacuate a workplace, worksite, worker's home, or the school of a worker's child due to natural disaster or a criminal act.

The law specifically states that “emergency condition” does not include a health pandemic.2

“A reasonable belief that the workplace or worksite is unsafe” means that “a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises.” The existence of any health and safety regulations specific to the emergency condition and an employer's compliance or noncompliance with those regulations will be a relevant factor if this information is known to the employee at the time of the emergency condition or the employee received training on the health and safety regulations mandated by law specific to the emergency condition.3

The law requires employees to, “when feasible,” notify employers in advance of the emergency condition that requires they either leave the workplace or refuse to report to work. If it's not feasible, then the employee must notify the employer as soon as possible.4

These emergency condition provisions don't apply to the following workers:

• First responders;
• Disaster service workers;
• An employee required by law to render aid or remain on the premises in case of an emergency;
• Health care personnel who provide direct patient care, provide services supporting patient care operations during an emergency, or is required by law or policy to participate in emergency response or evacuation;
• An employee of a private entity that contracts with state or local government to provide emergency services;
• An employee working on a military base or in the defense industrial base sector;
• An employee performing essential work on nuclear reactors or nuclear materials or waste;
• An employee of a company providing utility, communications, energy, or roadside assistance while the employee is actively engaged in or is being called upon to aid in emergency response, including maintaining public access to services such as energy and water during the emergency;
• An employee of a licensed residential care facility;
• An employee of a depository institution, as defined in Section 1420 of the Financial Code;
• A transportation employee participating directly in emergency evacuations during an active evacuation; and
• An employee of a privately contracted private fire prevention resource subject to Health and Safety Code regulations and operating as a qualified insurance resource.5

Employers are also prohibited from preventing any employee from accessing their mobile device or other communications device to get emergency assistance, assess a situation's safety or communicate with someone to verify their safety.6 This specific provision doesn't apply to employees of correctional facilities, depository institutions (banks, credit unions, etc.), or those actively operating passenger tramways and amusement rides.7

1. Lab. Code sec. 1139