Clark Pacific v. Occupational Safety and Health Appeals Bd. CA3

Filed 4/8/15 Clark Pacific v. Occupational Safety and Health Appeals Bd. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

CLARK PACIFIC, C075477

Plaintiff and Appellant, (Super. Ct. No. 34201080000640CUWMGDS) v.

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD,

Defendant and Respondent;

DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH,

Real Party in Interest and Respondent.

In July 2007 Moises Cordero, an employee of plaintiff Clark Pacific (Clark), was injured when a gantry crane ran over his foot and ankle, resulting in the amputation of his lower leg. Real party in interest Department of Industrial Relations, Division of Occupational Safety and Health (Division) issued a citation charging Clark with a serious

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violation of a safety standard. Defendant Occupational Safety and Health Appeals Board (Board) upheld the Division’s citation of Clark for violating California Code of Regulations, title 8, section 4906, subdivision (b), failure to guard the crane’s wheels.1 Clark filed a petition for a writ of mandate, which the trial court denied. Clark appeals, arguing the safety standard at issue does not apply to the circumstances of Cordero’s accident and the trial court committed several prejudicial errors. We shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The Accident Clark manufactures precast walls, floors, and structural membranes. The company also installs these components at construction sites. On July 10, 2007, Cordero was working as a “groundsman” for Clark, responsible for rigging precast concrete panels to a gantry crane, helping to direct the movement of the crane, and making sure no other workers were in the crane’s path. A Clark loading superintendent/foreman, Jack Bohling, operated the gantry crane. The accident occurred when Cordero and Bohling were moving precast concrete panels to be loaded onto trailers. While moving the concrete panel, the gantry crane made contact with Cordero and knocked him to the ground. The crane tire rolled onto his foot and upper ankle, then reversed and rolled off his leg. The gantry crane, including its load, weighed approximately 100,000 pounds. The crane operated on rubber tires. Cordero’s injuries resulted in the amputation of his foot and lower leg. The gantry crane’s tires are 48 inches in diameter. Each tire has a small metal bar guard, located about halfway up, approximately 20 to 24 inches above the ground. Clark’s cranes run on an asphalt surface. A Division inspector conducted an