Administrator of the Division of Occupational Safety & Health v. Pabco Gypsum

OPINION

The Nevada Occupational Safety and Health Review Board (“Board”) determined that respondent, Pabco Gypsum (“Pabco”), violated Nevada’s general duty clause because it failed to properly construct a building which collapsed injuring two workers. The district court reversed the Board’s decision. The district court held that the Board’s decision was erroneous as a matter of law. Appellant, the Administrator of the Division of Occupational Safety and Health (“DOSH”), contends on appeal that the district court erroneously overturned the Board’s decision because it is supported by substantial…