Raam Constr., Inc. v. Occupational Safety & Health Appeals Bd.

*711 This is an appeal from judgment after the trial court sustained the demurrer filed by real party in interest Division of Occupational Safety and Health (DOSH) and granted *712 the motion to dismiss filed by defendant Occupational Safety and Health Appeals Board (Appeals Board), without leave to amend, on untimeliness grounds. Plaintiff Raam Construction, Inc. (Raam) challenges these rulings and the resulting judgment of dismissal as a misinterpretation of the applicable statute, Labor Code section 6627. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The undisputed facts of this case are quite simple. On June 23, 2014, an inspector from DOSH conducted an inspection of a job site in Oakland at which Raam served as general building contractor. Following this inspection, DOSH cited Raam as a "controlling employer" for a safety violation. (See Lab. Code, § 6317 ; Cal. Code Regs., tit. 8, § 336.10, subd. (c) ["controlling employer" may be issued citations on multi-employer construction worksites "when [DOSH] has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by [DOSH]"].)

Raam thereafter contested this citation before an…