Legal Opinion
Davey Tree Surgery Co. v. Occupational Safety & Health Appeals Board
California Court of Appeal
Decided May 10, 1985No. A022403PublishedCited by 7 opinions
1Opinion of the Court
Opinion
BARRY-DEAL, J.
An employee of Davey Tree Surgery Company (Davey) violated a safety order by working in an aerial lift without a safety belt. Davey was cited for violation of the California Occupational Safety and Health Act of 1973 (OSHA) (Lab. Code, § 6300 et seq.) and defended on the ground that the violation was an unforeseeable independent act of an employee. The Occupational Safety and Health Appeals Board (Board) rejected Davey’s position because the violating employee was a foreperson or supervisor whose acts were not subject to the defense. We hold that the Board’s determination…
2Cases cited6 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Judson Steel Corp. v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1978
- Tex-Cal Land Management, Inc. v. Agricultural Labor Relations BoardCalifornia Supreme Court · 1979
- Steve P. Rados, Inc. v. California Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 1979
- Gaehwiler v. Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 1983
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3Cited by7 opinions
- Lusardi Construction Co. v. California Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 1991
- Maryland Commissioner of Labor & Industry v. Cole Roofing Co.Court of Appeals of Maryland · 2002
- Rick's Electric, Inc. v. California Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 2000
- C. E. Buggy, Inc. v. Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 1989
- Sully-Miller Contracting Co. v. California Occupational Safety & Health Appeals BoardCalifornia Court of Appeal · 2006
2 more not listed; retrieve them via the Exa API.