Rosas
Rosas v. Dishong
Opinion
Opinion
Work, J.
Homeowners Von Lee G. and Janet M. Dishong (the Dishongs) appeal a judgment in favor of Leopoldo Rosas for injuries sustained while attempting to trim a tree at the Dishongs’ residence. They contend the court erred in concluding Rosas was acting as their employee rather than as an independent contractor, when engaged in a task for which California requires a contractor’s license. On the facts presented, we conclude the trial court correctly ruled that the unlicensed Rosas is deemed an employee pursuant to Labor Code section 2750.5.
However, we conclude the trial court erred in finding the Dishongs, by hiring Rosas to trim the tree in the yard of their home, became subject to the extensive safety provisions of California’s Occupational Safety and Health Act (OSHA or the Act) set forth in section 6300 et seq. Because we conclude the OSHA requirements do not apply in this noncommercial single tree-trimming transaction, we reverse the judgment which was based on a finding the Dishongs were strictly liable once they conceded they had not complied with certain OSHA safety requirements.