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PULASKI v. CAL OSHA

No. C028525.

90 Cal.Rptr.2d 54 (1999)

75 Cal.App.4th 1315

Art PULASKI et al., Plaintiffs and Respondents, v. CALIFORNIA OCCUPATIONAL SAFTY AND HEALTH STANDARDS BOARD, Defendant and Appellant; American Trucking Associations, Inc., et al., Interveners and Appellants, American Federation of Labor and Congress of Industrial Organizations, Intervener and Respondent.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing November 24, 1999.

Attorney(s) appearing for the Case

Daniel E. Lungren and Bill Lockyer, Attorneys General, and Timothy G. Laddish, Senior Assistant Attorney General, for Defendant and Appellant.

Gibson, Dunn & Crutcher, Pamela L. Hemminger, Los Angeles, Eugene Scalia, Washington, D.C., ATA Litigation Center, Daniel R. Barney, and Lynda S. Mounts, Alexandria, VA, for Interveners and Appellants.

Carroll & Scully, Inc., Donald C. Carroll and Charles P. Scully II, San Francisco, for Plaintiffs and Respondents.

Kazan, McClain, Edises, Simon & Abrams, Frances C. Schreiberg, Oakland, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Stephen P. Berzon, Scott A. Kronland, San Francisco, Jonathan P. Hiatt, and Lynn Rhinehart, for Intervener and Respondent.

CALLAHAN, J.

In 1993, the Legislature enacted Labor Code section 6357, directing the California Occupational Safety and Health (Cal OSHA) Standards Board to "adopt standards for ergonomics in the workplace designed to minimize the instances of injury from repetitive motion." In response to this legislative mandate, and following a protracted saga of rulemaking, comments and public hearings, Cal OSHA's Standards Board (the Board) promulgated title 8, section 5110 of...

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