OCCUPATIONAL SAFETY AND HEALTH
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