Legal Opinion

Division of Industrial Safety v. Municipal Court

California Court of Appeal

Decided September 3, 1976No. Civ. 48203PublishedCited by 5 opinions

1Opinion of the Court

Opinion

THOMPSON, J.

The appeal at bench raises the issue of the application of the California Occupational Safety and Health Act of 1973 to “operating” as opposed to “shop” personnel of “steam railroads” and the jurisdiction of the Division of Industrial Safety over the working conditions of those employees. It raises also the question of definition of the term “steam railroad” as used in Labor Code section 6800. We conclude that' the comprehensive statutory scheme of the Occupational Safety and Health Act of 1973 having been enacted without repeal or amendment to Labor Code sections 6800…

2Cases cited2 opinions

  1. Whiteman v. Federal Life Ins.District Court, W.D. Missouri · 1939
  2. Lynch v. Pennsylvania RailroadSupreme Court of New Jersey · 1916

3Cited by5 opinions

  1. United Air Lines, Inc. v. Occupational Safety & Health Appeals BoardCalifornia Supreme Court · 1982
  2. Atchison, Topeka & Santa Fe Railway Co. v. Division of Industrial SafetyCalifornia Court of Appeal · 1976
  3. San Francisco Bay Area Rapid Transit District v. Division of Occupational Safety & HealthCalifornia Court of Appeal · 1980
  4. Western Oil & Gas Assn. v. Air Resources BoardCalifornia Supreme Court · 1984
  5. Western Oil & Gas Assn. v. Air Resources BoardCalifornia Supreme Court · 1984

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