Bautista

Bautista v. State

Good Law
133 Cal. Rptr. 3d 909·201 Cal. App. 4th 716·2011 Cal. App. LEXIS 1528·76 Cal. Comp. Cases 1282
Court of Appeal of CaliforniaDecember 6, 2011No. B226102California7,066 words

Opinion

Lead Opinion

Aldrich, J.

—California Constitution, article XIV, section 4 (article XIV, section 4) grants the Legislature plenary power to create a complete system of workers’ compensation. As defined in the Constitution, the workers’ compensation system includes a “full provision for securing safety in places of employment.” Appellants are individual farmworkers 1 and the United Farm Workers of America who have filed suit against the state, the Department of Industrial Relations (the DIR), and the Occupational Safety and Health Standards Board (Standards Board), for failing to comply with this constitutional duty. The complaint alleges the current heat-illness-prevention regulation *721 (Cal. Code Regs., tit. 8, § 3395 (section 3395)), promulgated by the Standards Board, does not ensure the safety of farmworkers from heat-related illnesses. Frustrated by the administrative process before the Standards Board to amend section 3395, appellants turned to the courts seeking declaratory and injunctive relief.

In this case, we must determine if appellants have stated a cause of action for a violation of article XIV, section 4. That determination turns on whether article XIV, section 4 is…

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