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DAVEY TREE SURGERY CO. v. OCCUPATIONAL S & H

Docket No. A022403.

167 Cal.App.3d 1232 (1985)

213 Cal. Rptr. 806

DAVEY TREE SURGERY COMPANY, 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.

Court of Appeals of California, First District, Division Three.

May 10, 1985.

Attorney(s) appearing for the Case

COUNSEL

Littler, Mendelson, Fastiff & Tichy, Richard A. Leasia and Donald M. Hartford, Jr., for Plaintiff and Appellant.

Robert D. Peterson as Amicus Curiae on behalf of Plaintiff and Appellant.

Elise B. Manders for Defendant and Respondent.

Michael D. Mason and Neil P. Sullivan for Real Party in Interest and Respondent.

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...

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