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

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