Sully-Miller Contracting Co. v. California Occupational Safety & Health Appeals Board

Opinion

BLEASE, Acting P. J.

In this workplace safety enforcement action, petitioner, Sully-Miller Contracting Company (Sully-Miller) is an asphalt paving company that leased Jeff Moreno, one of its longtime employees, to Manhole Adjusting, Inc. (Manhole), as a roller operator. While working at Manhole’s worksite, Moreno was fatally injured when he was thrown from his roller because it lacked an operable seatbelt.

Real party in interest, the Department of Industrial Relations Division of Occupational Safety and Health (Division), cited Sully-Miller for a serious violation of the employer safety…