Decisions of the Appeals Board
Pursuant to Government Code section 11425.60, a decision that contains a significant legal or policy determination of general application that is likely to recur may be designated as precedential. The cases in this index have been determined by the Board to meet that requirement.
Once a decision is designated as precedential, the Board may rely on it, and the parties may cite to this designation in their arguments to the Board. The Board may designate some cases as partially precedential, for the legal or policy determination identified in the index, while others are fully precedential. Additionally, the Board may remove a precedential decision from this list, thereby rescinding its precedential designation.
The Board evaluates each case on the facts it contains and then determines what law and principles should be applied to those facts. Thus, the mere listing of a case in this index does not necessarily mean that legal or policy determinations discussed in that case will apply automatically to the facts and circumstances contained in a later case.
This list should be used as an aid in legal research only.
| Case Name | Cal/OSHA App. | Document | DAR Date | Precedential | Sub-Topics |
|---|---|---|---|---|---|
| CITATION CLASSIFICATIONS | |||||
| Barrett Business Services, Inc. | 315526582 | DAR | 12/14/2016 | Partially | Accident-related |
| Bellingham Marine Industries, Inc. | 12-3144 | DAR | 10/16/2014 | Partially | Accident-related |
| Gateway Pacific Contractors, Inc. | 10-1502 | DAR | 10/4/2016 | Partially | Accident-related |
| MCM Construction, Inc. | 13-3851 | DAR | 2/22/2016 | Fully | Accident-related |
| National Distribution Center, LP, Tri-State Staffing | 12-0391 | DAR | 10/5/2015 | Fully | Serious violation presumption and rebuttal |
| Pierce Enterprises | 00-1951 | DAR | 3/20/2002 | Partially | Accident-related |
| RNR Construction, Inc. | 1092600 | DENIAL | 5/26/2017 | Fully | Accident-related, Serious violation presumption and rebuttal |
| Staffchex | 10-2456 | DAR | 8/28/2014 | Partially | Accident-related |
| Synergy Tree Trimming, Inc. | 317253953 | DAR | 5/15/2017 | Fully | Serious violation presumption and rebuttal |
| Timberworks Construction, Inc. | 1097751 | DAR | 3/12/2019 | Fully | Serious violation presumption and rebuttal |
| United Parcel Service | 1158285 | DAR | 11/15/2018 | Fully | Accident-related, Serious violation presumption and rebuttal |
| DEFENSES | |||||
| A&C Landscaping | 03-4795 | DAR | 6/24/2010 | Fully | Employers' defenses to reduce penalties: Duplicative penalty |
| Barrett Business Services, Inc. | 315526582 | DAR | 12/14/2016 | Partially | Employers' constitutional defenses: Due process |
| Bay Cities Paving and Grading, Inc. | 12-1665 | DENIAL | 5/16/2014 | Fully | Employers' legal defenses: Logical time defense |
| Bellingham Marine Industries, Inc. | 12-3144 | DAR | 10/16/2014 | Partially | Employers' legal defenses: More specific safety order applies, Independent Employee Action Defense, Newbery, and Statute of Limitations Employers' constitutional defenses: Due process |
| Bimbo Bakeries USA | 03-5215 | DAR | 6/9/2010 | Partially | Employers' constitutional defenses: 4th amendment |
| Brunton Enterprises, Inc. | 08-3445 | DAR | 10/11/2013 | Partially | Employers' legal defenses: Newbery and Independent Employee Action Defense |
| Buzek Construction, Inc. | 1203246 | DAR | 3/24/2019 | Fully | Employers' equitable defenses: Equitable estoppel |
| City of Sacramento, Dept. of Public Works | 93-1947 | DAR | 2/5/1998 | Partially | Employers' legal defenses: Independent Employee Action Defense |
| Coast Waste Management | 11-2385 | DAR | 10/7/2016 | Fully | Employers' legal defenses: Applicability of a safety standard, More specific safety order applies |
| Dish Network California Service Corporation | 12-0455 | DAR | 8/28/2014 | Fully | Employers' legal defenses: Applicability of a safety standard |
| Gateway Pacific Contractors, Inc. | 10-1502 | DAR | 10/4/2016 | Partially | Employers' defenses to reduce penalties: Duplicative penalty |
| Maria De Los Angeles Colunga dba Merced Farm Labor | 08-3093 | DAR | 2/26/2015 | Fully | Employers' defenses to reduce penalties: Financial hardship |
| McCarthy Building Companies, Inc. | 11-1706 | DAR | 1/11/2016 | Fully | Employers' legal defenses: Due diligence defense |
| MCM Construction, Inc. | 13-3851 | DAR | 2/22/2016 | Fully | Employers' constitutional defenses: Due process |
| Mercury Service | 77-1133 | DAR & Grant of PFR | 10/16/1980 | Partially | Employers' legal defenses: Independent Employee Action Defense |
| National Distribution Center, LP, Tri-State Staffing | 12-0391 | DAR | 10/5/2015 | Fully | Employers' legal defenses: Independent Employee Action Defense Employers' constitutional defenses: Unconstitutional vagueness |
| Nicholson-Brown, Inc. | 77-024 | DAR & Grant of PFR | 12/20/1979 | Fully | Employers' legal defenses: Logical time defense |
| OC Communications, Inc. | 14-0120 | DAR | 3/28/2016 | Partially | Employers' constitutional defenses: Unconstitutional vagueness |
| Owens-Illinois Glass Container, Inc. | 09-2021 | DAR & REMAND | 6/16/2014 | Fully | Employers' equitable defenses: Equitable estoppel |
| Paramount Farms, King Facility | 09-864 | DAR | 3/27/2014 | Partially | Employers' legal defenses: Independent Employee Action Defense |
| PDM Steel Service Centers, Inc. | 13-2446 | DENIAL | 6/10/2015 | Partially | Employers' legal defenses: Independent Employee Action Defense |
| Pierce Enterprises | 00-1951 | DAR | 3/20/2002 | Partially | Employers' legal defenses: Independent Employee Action Defense, Statute of limitations |
| RNR Construction, Inc. | 1092600 | DENIAL | 5/26/2017 | Fully | Employers' legal defenses: Independent Employee Action Defense Employers' burden to prove affirmative defenses |
| Rudolph and Sletten, Inc. | 01-478 | DAR | 3/30/2004 | Partially | Employers' constitutional defenses: 4th amendment |
| Shimmick-Nicholson Construction | 12-0781 | DENIAL | 9/3/2015 | Partially | Employers' legal defenses: Statute of Limitations. |
| Shimmick-Nicholson Construction | 1021893 | DAR | 7/24/2017 | Partially | Employers' constitutional defenses: Due process |
| Staffchex | 10-2456 | DAR | 8/28/2014 | Partially | Employers' legal defenses: Independent Employee Action Defense |
| Synergy Tree Trimming, Inc. | 317253953 | DAR | 5/15/2017 | Fully | Employers' legal defenses: Newbery, Independent Employee Action Defense |
| Timberworks Construction, Inc. | 1097751 | DAR | 3/12/2019 | Fully | Employers' legal defenses: Independent Employee Action Defense |
| United Parcel Service | 1158285 | DAR | 11/15/2018 | Fully | Employers' legal defenses: Unforeseeable Extreme Departure Defense |
| EMPLOYER-EMPLOYEE RELATIONSHIP | |||||
| Barrett Business Services, Inc. | 315526582 | DAR | 12/14/2016 | Partially | Dual employment (primary and secondary employers) |
| Buzek Construction, Inc. | 1203246 | DAR | 3/24/2019 | Fully | Employer v. independent contractor status |
| Guardsmark | 10-2675 | DENIAL | 9/22/2011 | Fully | Multi-employer worksites |
| McCarthy Building Companies, Inc. | 11-1706 | DAR | 1/11/2016 | Fully | Multi-employer worksites |
| MCM Construction, Inc. | 13-3851 | DAR | 2/22/2016 | Fully | Scope of Employment |
| Shiho Seki dba Magical Adventure Balloon Rides | 11-0477 | DENIAL | 8/31/2011 | Partially | Employee v. independent contractor status |
| Staffchex | 10-2456 | DAR | 8/28/2014 | Partially | Dual employment (primary and secondary employers) |
| INJURY AND ILLNESS PREVENTION PROGRAM | |||||
| Barrett Business Services, Inc. | 315526582 | DAR | 12/14/2016 | Partially | § 3203, subds. (a)(3), (a)(4), (a)(5), (a)(7) |
| BHC Fremont Hospital, Inc. | 13-0204 | DENIAL | 5/30/2014 | Fully | § 3203, subd. (a)(6) |
| Brunton Enterprises, Inc. | 08-3445 | DAR | 10/11/2013 | Partially | § 3203, subd. (a)(4) |
| Coast Waste Management | 11-2385 | DAR | 10/7/2016 | Fully | § 3203, subds. (a)(2), (a)(4), (a)(6), and (a)(7) |
| Marine Terminals Corp. dba Evergreen Terminals | 08-1920 | DAR | 3/5/2013 | Fully | § 3203, subd. (a)(2) |
| MCM Construction, Inc. | 13-3851 | DAR | 2/22/2016 | Fully | § 3203, subds. (a)(6) and (a)(7) |
| National Distribution Center, LP, Tri-State Staffing | 12-0391 | DAR | 10/5/2015 | Fully | § 3203, subd. (a)(6) and (a)(7) Injury and Illness Prevention Program and joint employers |
| OC Communications, Inc. | 14-0120 | DAR | 3/28/2016 | Partially | § 3203, subd. (a)(4) |
| Timberworks Construction, Inc. | 1097751 | DAR | 3/12/2019 | Fully | § 3203, subds. (a)(4) and (a)(7) |
| INTRODUCTION OF EVIDENCE/EVIDENTIARY RULES | |||||
| Armour Steel Co. | 08-2649 | DAR | 2/7/2014 | Partially | Hearsay |
| Barrett Business Services, Inc. | 315526582 | DAR | 12/14/2016 | Partially | Preponderance of the evidence |
| Bellingham Marine Industries, Inc. | 12-3144 | DAR | 10/16/2014 | Partially | Hearsay |
| C.A. Rasmussen, Inc. | 08-0219 | DAR | 7/19/2012 | Partially | Hearsay |
| Pierce Enterprises | 00-1951 | DAR | 3/20/2002 | Partially | Hearsay: Authorized admissions; Newly discovered evidence |
| PENALTY CALCULATIONS | |||||
| Armour Steel Co. | 08-2649 | DAR | 2/7/2014 | Partially | Division’s burden to prove penalty calculation |
| C.A. Rasmussen, Inc. | 08-0219 | DAR | 7/19/2012 | Partially | |
| M1 Construction | 12-0222 | DAR | 7/31/2014 | Fully | |
| REPORTING REQUIREMENTS (§ 342) | |||||
| Allied Sales | 11-0480 | DAR | 11/29/2012 | Fully | Penalty for failure to report |
| Bellingham Marine Industries, Inc. | 12-3144 | DAR | 10/16/2014 | Partially | Reporting under § 342 |
| Burbank Recycling, Inc. | 10-0562 | DAR | 6/30/2014 | Partially | Reporting under § 342 |
| Central Valley Engineering & Asphalt | 08-5001 | DAR | 12/4/2012 | Fully | Penalty for reporting late |
| STATUTORY REQUIREMENTS | |||||
| Adecco, Inc. Branch 5100 | 08-4312 | DENIAL | 8/25/2010 | Fully | Lab. Code, §§ 6614, 6616, and 6617 |
| McCarthy Building Companies, Inc. | 11-1706 | DAR | 1/11/2016 | Fully | Lab. Code, § 6618 |
| AMENDMENTS | |||||
| L & S Construction | 10-1821 | DAR | 10/7/2016 | Fully | |
| Marine Terminals Corp. dba Evergreen Terminals | 08-1920 | DAR | 3/5/2013 | Fully | |
| DIVISION'S BURDEN TO CITE CORRECT ENTITY | |||||
| Shimmick-Nicholson Construction | 1021893 | DAR | 7/24/2017 | Partially | |
| ELEVATOR REGULATION (§ 1630) | |||||
| Armour Steel Co. | 08-2649 | DAR | 2/7/2014 | Partially | |
| EMPLOYERS' BURDEN TO PROVE EXCEPTIONS | |||||
| Dish Network California Service Corporation | 12-0455 | DAR | 8/28/2014 | Fully | |
| Guardsmark | 10-2675 | DENIAL | 9/22/2011 | Fully | |
| EXPOSURE ANALYSIS | |||||
| Armour Steel Co. | 08-2649 | DAR | 2/7/2014 | Partially | |
| Benicia Foundry & Iron Works, Inc. | 00-2976 | DAR | 4/24/2003 | Partially | |
| Dynamic Construction Services Inc. | 1005890 | DAR | 12/1/2016 | Partially | |
| Gateway Pacific Contractors, Inc. | 10-1502 | DAR | 10/4/2016 | Partially | |
| RNR Construction, Inc. | 1092600 | DENIAL | 5/26/2017 | Fully | |
| FOOT PROTECTION (§ 3385) | |||||
| United Parcel Service | 1158285 | DAR | 11/15/2018 | Fully | |
| UPS Ground Freight Inc. dba UPS Freight | 1111325 | DENIAL | 11/22/2017 | Fully | |
| INFERENCES | |||||
| BHC Fremont Hospital, Inc. | 13-0204 | DENIAL | 5/30/2014 | Fully | |
| RNR Construction, Inc. | 1092600 | DENIAL | 5/26/2017 | Fully | |
| INTERLOCUTORY ORDERS | |||||
| Shimmick-Nicholson Construction | 1080515 | DENIAL | 3/30/2017 | Partially | |
| JURISDICTION | |||||
| Adecco, Inc. Branch 5100 | 08-4312 | DENIAL | 8/25/2010 | Fully | |
| LATE APPEALS | |||||
| Adecco, Inc. Branch 5100 | 08-4312 | DENIAL | 8/25/2010 | Fully | |
| Rafidain, Inc dba Genie Car Wash & Oil Change | 1162918 | DENIAL | 5/12/2017 | Fully | |
| SETTLEMENTS | |||||
| K H S & S of Concord, Inc. | 11-0374 | DAR | 9/4/2014 | Fully | |
| SHADE REQUIREMENTS (§ 3395) | |||||
| Harris Rebar Northern California, Inc. | 1086663 | DAR | 9/22/2017 | Fully | |
| STIPULATIONS | |||||
| C.A. Rasmussen, Inc. | 08-0219 | DAR | 7/19/2012 | Partially | |
| SUPERVISOR STATUS | |||||
| City of Sacramento, Dept. of Public Works | 93-1947 | DAR | 2/5/1998 | Partially | |
| TRENCHES / EXCAVATION (§ 1541) | |||||
| Gateway Pacific Contractors, Inc. | 10-1502 | DAR | 10/4/2016 | Partially | |
| Shimmick-Nicholson Construction | 1021893 | DAR | 7/24/2017 | Partially | |
| VARIANCE | |||||
| Armour Steel Co. | 08-2649 | DAR | 2/7/2014 | Partially | |
August 2020
