California Department of Industrial Relations v. AC Transit

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AC operates transit buses in and around Alameda County. Bus routes range from 15 minutes to over an hour, with a small recovery time scheduled at the end of each route, which may not be available depending on whether the driver is running on schedule. Drivers can be behind the wheel for up to 10 hours a shift. AC operated 695 buses; only 20 percent were air-conditioned. In 2007, the Department of Industrial Relation’s Division of Occupational Safety and Health cited AC for violations of California Code of Regulations, title 8 section 3395 with respect to the buses: failure to supply adequate drinking water to drivers; failure to make shade continuously available for drivers; and failure to develop heat illness procedures and related training for employees and supervisors. The standards apply to “outdoor” places of employment. The Occupational Safety and Health Appeals Board affirmed an ALJ's dismissal of the violations. The trial court ordered the Board to reconsider. The court of appeal agreed, reasoning that the trial court’s broader construction of section 3395 is well-supported by the regulation's language and related regulatory history and comports with the underlying purpose of the entire statutory scheme: the achievement of safe working environments. View "California Department of Industrial Relations v. AC Transit" on Justia Law