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U. AIR LINES v. OCCUPATIONAL SAFETY & HEALTH APP. BD.

Docket No. S.F. 24396.

32 Cal.3d 762 (1982)

654 P.2d 157

187 Cal. Rptr. 387

UNITED AIR LINES, INC., Plaintiff and Appellant, v. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Defendant and Respondent; DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, Real Party in Interest and Respondent.

Supreme Court of California.

November 29, 1982.

Attorney(s) appearing for the Case

COUNSEL

Paul M. Tschirhart, Jean C. Gaskill, Kathleen Lucas-Wallace, Rebecca D. Strause and Brobeck, Phleger & Harrison for Plaintiff and Appellant.

Elise Brody Manders, Keith Tohru Yamanaka and Robert A. Heron for Defendant and Respondent.

Michael D. Mason, Abby Ginzberg and Frank E. Fernandez for Real Party in Interest and Respondent.

Charles P. Scully, Donald C. Carroll, Charles P. Scully II, George A. Pappy, Pappy, Kaplon, Vogel & Phillips, Joseph R. Colton, Norback, DuRard, Colton, Gangemi & Schuler, Robert A. Bush, Taylor, Roth & Hunt, Felix Velarde-Munoz and Joan Messing Graff as Amici Curiae on behalf of Defendant and Respondent and Real Party in Interest and Respondent.

OPINION

KAUS, J.

I

In 1976, an engineer from the California Division of Occupational Safety and Health (the division) inspected the United Airlines ground maintenance facility at San Francisco International Airport. As a result of his observations, the division cited and fined United for failing to provide a guardrail on an unenclosed elevated work platform that was being used by an employee working on a plane.

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