Division of Industrial Safety v. Municipal Court

The appeal at bench raises the issue of the application of the California Occupational Safety and Health Act of 1973 to “operating” as opposed to “shop” personnel of “steam railroads” and the jurisdiction of the Division of Industrial Safety over the working conditions of those employees. It raises also the question of definition of the term “steam railroad” as used in Labor Code section 6800. We conclude that' the comprehensive statutory scheme of the Occupational Safety and Health Act of 1973 having been enacted without repeal or amendment to Labor Code sections 6800 through 6802, the latter specific statutes dealing with the employees of “steam railroads” control over the general provisions of the 1973 act. We conclude also that “steam railroad,” as used in Labor Code section 6800, is descriptive of long-line railroads as distinguished from interurban and street railway systems. Accordingly, we reverse a judgment of the superior court issuing a writ of mandate to the municipal court which directs the latter tribunal to vacate its action quashing an inspection warrant covering operating facilities of real party in interest.

Prior to 1973, the California law providing…