Kaiser Foundation Hospitals v. Occupational Safety & Health Appeals Board

Kaiser Foundation Hospitals (Kaiser) appeals

from denial of relief in an administrative mandamus action seeking to overturn a decision of the California Occupational Safety and Health Appeals Board. (See Lab. Code, § 6627 et seq.; Code Civ. Proc., § 1094.5.) The board affirmed, in pertinent part, the order and decision of an administrative law judge upholding a citation and imposition of a $500 civil penalty against Kaiser for violation of an industrial safety order. (See Lab. Code, § 6317.) 1 The safety order requires employers to report, inter alia, “Maintenance . . . activities in which any materials containing more than 1% asbestos (dry weight) are sanded, ground, abrasive blasted, sawed, cut, shoveled, removed, or otherwise handled in such a manner that asbestos dust would be raised.” (Cal. Admin. Code, tit. 8, § 5208, subd. (Ɩ)(1)(C).) Kaiser contends the decision of the board was not supported by substantial evidence. We will affirm the judgment.

Facts

An investigator of the Division of Occupational Safety and Health conducted a permissive search of Kaiser’s hospital facility on MacArthur Boulevard in Oakland. He discovered that when the building had been…