Murray Co. v. Occupational Safety & Health Appeals Board

The trial court denied appellant Murray Company’s petition for writ of administrative mandate, which challenged a decision by respondent Occupational Safety and Health Appeals Board (Board) denying appellant’s request for reconsideration of the dismissal of its appeals. We affirm.

RELEVANT FACTUAL AND PROCEDURAL HISTORY

Real party in interest Department of Industrial Relations, Division of Occupational Safety and Health (Division) administers and enforces the California Occupational Safety and Health Act of 1973 (Lab. Code, § 6300 et seq.) (Cal-OSHA) and related regulations (Cal. Code Regs., tit. 8, § 330 et seq.). (Rick’s Electric, Inc. v. Occupational Safety & Health Appeals Bd. (2000) 80 Cal.App.4th 1023, 1026 [ 95 Cal.Rptr.2d 847 ] (Rick’s Electric).) Following an inspection of appellant’s workplace, the Division issued three citations to appellant on January 25, 2007. The citations concerned unsafe practices regarding metal embossing machines, and imposed fines totaling $25,600. Two of the citations were identified as “[s]erious.”

The Board is “an independent adjudicatory agency” responsible for resolving appeals from the Division’s citations. (Rick’s Electric,…