Loskouski

Petitioner, Peter Loskouski, appeals from a judgment denying his petition for a writ of mandamus. Mr. Loskouski sought an order directing defendants, the state Personnel Board, its executive officer, the state Department of Industrial Relations and its director (hereafter collectively board) to provide by special rule that those individuals who had previously enforced health and safety regulations for the federal Occupational Health and Safety Administration (Fed/OSHA) be permitted to continue in their positions in the state civil service when the California Occupational Health and Safety Administration (Cal/OSHA) in 1989 resumed enforcement of health and safety regulations in the private sector.

Before turning to Mr. Loskouski’s particular situation, we describe briefly the nature of the federal/state OSHA relationship. “Congress adopted the federal act in 1970 to address the problem of uneven and inadequate state protection of employee health and safety. In order to establish a nationwide ‘floor’ of minimally necessary safeguards, the 1970 act authorized the Secretary of Labor to promulgate and enforce national occupational safety and health standards and established…