Luo

*667 After an unsupported excavation at a construction site caved in and killed a worker, a jury convicted defendant Dan Luo of involuntary manslaughter ( Pen. Code, § 192, subd. (b) ) and three counts of willfully violating an occupational safety or health order causing death ( Lab. Code, § 6425, subd. (a) ). Defendant contends there is insufficient evidence to support his conviction, and that the trial court committed instructional error and improperly limited cross-examination of certain witnesses. He also contends he was not given adequate notice of the charges, that the prosecution failed to elect a particular criminal act, and that the statute prohibiting the willful violation of occupational safety orders is unconstitutionally vague. For the reasons explained, we find no error and will affirm the judgment.

I. BACKGROUND

Defendant Dan Luo worked for Richard Liu, a real estate agent in Fremont. 1 In addition to being a real estate agent, Liu was a licensed general contractor who had completed a number of residential construction projects. Defendant was neither a licensed realtor nor a contractor but he acted as Liu's assistant, tending to administrative matters and showing…