Gaehwiler
Gaehwiler v. Occupational Safety & Health Appeals Board
Opinion
Opinion
Gaehwiler Construction Company appeals from a judgment denying a writ of mandamus. (Lab. Code, §§ 6627-6629; Code Civ. Proc., § 1094.5.) The judgment had the effect of affirming a decision against appellant by the Occupational Safety and Health Appeals Board (hereafter, Board). We affirm.
On April 12, 1976, appellant’s construction site in San Francisco was cited for single violations of title 8, section 1644, subdivision (a)(6), and section 1768, of the California Administrative Code. (Hereafter, respectively, the scaffold regulation and the powerline regulation.) Appellant contested the citations at a hearing before an administrative law judge, who found that the violations were established. The Board upheld this decision on reconsideration.
The evidence showed that on the date in question appellant’s employees \Vorked on a scaffold platform about 25 feet above ground level. The scaffold had no railings. An engineer, Wilbrecht, from the Division of Industrial Safety, testified that the platform was two and one-half feet horizontally from the vertical line of a high-voltage wire, and approximately seven and one-half feet vertically below the horizontal line of the…