Rick's Electric, Inc. v. California Occupational Safety & Health Appeals Board

This appeal arises from a judgment affirming an administrative decision finding appellant willfully violated an occupational safety standard. Appellant claims it lacked the requisite state of mind to have committed a willful violation. We conclude substantial evidence supports the administrative decision and affirm.

Procedural History

Real party in interest Department of Industrial Relations, Division of Occupational Safety and Health (Division), shoulders primary responsibility for administering and enforcing the California Occupational Safety and Health Act of 1973 (Cal/OSHA or the Act), Labor Code section 6300 et seq. It does this through investigating workplaces and enforcing occupational safety and health standards. (Lab. Code, §§ 6309, 6313, 6314.) Many of these standards, commonly referred to as safety orders, are codified at title 8 of the California Code of Regulations.

Appellant Rick’s Electric, Inc. (appellant) is a general electrical contractor. During December 1994 and January 1995, the Division issued three citations to appellant for violations of certain safety orders. Two citations, dated December 15, 1994, arose from work appellant performed at 4350 La…