Atkinson Construction v. Occupational Safety and Health Appeals Bd. CA3

Filed 1/12/22 Atkinson Construction v. Occupational Safety and Health Appeals Bd. CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

ATKINSON CONSTRUCTION, LP, C091705

Plaintiff and Appellant, (Super. Ct. No. 34-2017- 80002611-CU-WM-GDS) v.

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD,

Defendant and Respondent;

DEPARTMENT OF INDUSTRIAL RELATIONS,

DIVISION OF OCCUPATIONAL SAFETY AND

HEALTH,

Real Party in Interest and Respondent.

This appeal arises from a workplace safety citation issued by the Department of Industrial Relations, Division of Occupational Safety and Health (the Division) to plaintiff Atkinson Construction LP (plaintiff). In June 2014, while plaintiff’s employees

1 were erecting…