TEICHERT CONSTRUCTION v.
CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD
Filed 6/22/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
----
| TEICHERT CONSTRUCTION, Plaintiff and Appellant, v. CALIFORNIA 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. |
C050709
(Super. Ct. No. 02CS00517)
|
APPEAL from a judgment of the Superior Court of Sacramento County, Talmadge R. Jones, Judge. Affirmed.
Robert D Peterson for Plaintiff and Appellant.
Douglas G. Nareau and James A. Madden for Respondent California Occupational Safety and Health Appeals Board.
Michael D. Mason and Mary A. Allen for Real Party in Interest and Respondent Department of Industrial Relations, Division of Occupational Safety and Health.
Teichert Construction (Teichert) sought to overturn a decision of the California Occupational Safety and Health Appeals Board (the Board) which upheld a citation issued by the California Department of Industrial Relations, Division of Occupational Safety and Health (the Division) for violation of a safety order, and assessed Teichert a civil penalty of $5,000. In Teichert's view, the safety order is unconstitutionally vague, and the Board failed to determine whether Teichert's conduct was reasonable. Teichert appeals from the superior court's denial of its petition for a writ of administrative mandate. We shall affirm the judgment.
As we will explain, the requirement that hauling and earth moving operations â€
