S. Cal. Gas Co. v. Cal. Occupational Safety & Health Appeals Bd.

Southern California Gas Company appeals from a judgment of the superior court denying its application for writ of mandate to compel respondent California Occupational Safety and Health Appeals Board to set aside its decision to impose a penalty upon appellant after two of appellant’s employees were injured attempting to vent natural gas from an interstate pipeline. Appellant contends that all safety regulation relating to interstate natural gas pipelines has been preempted by the Natural Gas Pipeline Safety Act, 49 United States Code section 60101 et seq., including occupational safety regulation. We agree, and reverse the judgment.

Factual and Procedural Background

Appellant was cited by the California Department of Industrial Relations, Division of Occupational Safety and Health (the Division) on June 17,1992, after two of appellant’s employees were injured attempting to vent a gas line with a water hose. The employees lost control of the hose, which was thrown about by the pressure of the gas, hitting them and causing their injuries. Appellant had originally been cited for a violation of section 3300, subdivision (c) of California Code of Regulations, title 8…