EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Desilva Gates Construction - decision after reconsideration

Employer was cited for a serious violation of section 1669(a) [personal fall protection] following an accident inspection at the employer's worksite where an employee of a subcontractor was seriously injured during a fall in the performance of a public works contract. The employer sought reconsideration of the ALJ's determination that the employer was liable as a "controlling employer" pursuant to section 336.10(c). The board rejected the employer's interpretation of the regulation and found that the employer was responsible by its contract with Cal-Trans which provided that employees of subcontractors will be considered as employees of the employer and that the employer will be responsible for all the work of the subcontractors. Further, the employer had authority to order any work stopped until the observed safety order violations were corrected and could terminate the subcontract for noncompliance with safety standards.

DeSilva Gates Construction, 01-2742 version

December 10, 2004