RND Contractors v. Cal. Occupational Safety and Health Appeals Bd. CA4/3

STATEMENT OF FACTS

On April 9, 2020, the California Department of Industrial Relations, Division of Occupational Safety and Health (Division) cited RND for violating sections 1670(f), 1709(d), and 1710(g) of title 8 of the California Code of Regulations in connection with an accident that resulted in the death of an RND employee. RND timely filed an administrative appeal to the Board. In October 2020, the Board gave notice that the hearing on RND’s appeal would be conducted by videoconference on February 11, 2021. RND filed an objection to conducting the hearing by videoconference, as well as a motion to change the venue and a request for a stay. The objection was overruled, and the motion and request were denied. RND requested reconsideration of that order and again requested a stay. The Board denied RND’s requests on February 23, 2021. Before the Board denied RND’s stay request, a hearing took place by videoconference on February 11, 2021. It was not, however, a hearing on the merits; only nonevidentiary matters were discussed, the hearing lasted less than 15 minutes, and those involved agreed to a new date in July 2021 to begin the appeals hearing. Thereafter, the appeals…