Skyline Homes, Inc. v. Occupation Safety & Health Appeals Board
Opinion
Opinion
Reynoso, J.
Plaintiff argues that the manufacture of mobilehomes is governed by the state’s construction safety orders and not the general industry safety orders. We hold that in the construction of mobilehomes in an assembly plant, as later described, the construction safety orders are inapplicable; accordingly, such a manufacturing operation is appropriately covered by the safety orders which apply to general industries. We affirm the trial court’s denial of the petition for a writ of mandate.
Skyline Homes, Inc., a California corporation doing business as Buddy Mobile Homes, petitioned the Superior Court of Sacramento County for a writ of administrative mandate against the California Occupational Safety and Health Appeals Board, naming the Department of Industrial Relations and the Division of Industrial Safety as real parties in interest. Plaintiff sought relief from a penalty imposed upon it by the division and upheld by the appeals board in an administrative proceeding. The penalty was imposed for failure to provide safety devices for employees installing roofing materials on mobilehomes at a height of approximately 12 feet.