Sully-Miller Contracting Co. v. California Occupational Safety & Health Appeals Board

In this workplace safety enforcement action, petitioner, Sully-Miller Contracting Company (Sully-Miller) is an asphalt paving company that leased Jeff Moreno, one of its longtime employees, to Manhole Adjusting, Inc. (Manhole), as a roller operator. While working at Manhole’s worksite, Moreno was fatally injured when he was thrown from his roller because it lacked an operable seatbelt.

Real party in interest, the Department of Industrial Relations Division of Occupational Safety and Health (Division), cited Sully-Miller for a serious violation of the employer safety provisions set forth in title 8 of the California Code of Regulations (hereafter Regulations). The citation alleged that Sully-Miller failed to have an injury prevention program in which it instructed Moreno to refuse to work at the secondary site until he was given a roller with an operative seatbelt and failed to conduct periodic monitoring of the site to determine compliance with its program. Sully-Miller’s appeal of the citation was denied by respondent Occupational Safety and Health Appeals Board (Board) and by the trial court. (Code Civ. Proc., § 1094.5.)

On appeal, Sully-Miller contends (1) there is…