Overaa Construction v. California Occupational Safety & Health Appeals Board

In this case involving the California Occupational Safety and Health Act of 1973 (Lab. Code, § 6300 et seq. (Cal/OSHA); Cal. Code Regs., tit. 8, § 330 et seq., appellant Overaa Construction (also known as C. Overaa & Co.) appeals from the trial court’s denial of a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5), in which Overaa sought annulment of an administrative decision penalizing Overaa, as “controlling employer” at a multiemployer construction site (§ 6400; tit. 8, § 336.10), for a violation of a Cal/OSHA safety regulation requiring a protective system for excavations deeper than five feet.

Respondents on appeal are (1) the California Occupational Safety and Health Appeals Board (the Board), which issued the challenged “decision after reconsideration,” and (2) the Department of Industrial Relations, Division of Occupational Safety and Health (the Division), which cited Overaa for the Cal/OSHA violation.

Overaa contends the Board improperly concluded it was immaterial whether Overaa acted with reasonable diligence. Overaa contends Cal/OSHA requires only the exercise of reasonable diligence by general contractors for hazards created by…