DEPARTMENT OF INDUSTRIAL RELATIONS v. OCCUPATIONAL SAFETY & HEALTH APPEALS BD.

No. A142799.

26 Cal.App.5th 93 (2018)

DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, Plaintiff and Respondent, v. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Defendant and Appellant; AC TRANSIT (ALAMEDA-CONTRA COSTA TRANSIT DISTRICT), Real Party in Interest and Appellant.

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

August 13, 2018.


Attorney(s) appearing for the Case

J. Jeffrey Mojcher   Aaron R. Jackson and Autumn R. Gonzales for Defendant and Appellant.

Robert D. Peterson Law Corporation and Robert D. Peterson for Real Party in Interest and Appellant.

Amy D. Martin and Allyce Kimerling for Plaintiff and Respondent.


OPINION

In this appeal, we consider a narrow question of regulatory interpretation: Can the interior of a non-air-conditioned bus be deemed an "outdoor place[] of employment" for purposes of the heat illness prevention standards promulgated by the Occupational Safety and Health Standards Board (Standards Board) as...

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