Sacramento County Superior Court Judge Lloyd Connelly's long-awaited decision sides with the California Occupational Safety and Health Appeals Board and Cal/OSHA in ruling against Overaa Construction. At issue was whether the Appeals Board was in error for not considering "due diligence" in upholding a citation against a "controlling" employer on a multi-employer worksite. Judge Connelly found that the issue was not raised at the original hearing and therefore was not considered by the Board when writing its Decision After Reconsideration.

The long-awaited decision is not good news for the State's general contractors and other employers which may be tagged by Cal/OSHA as "controlling" employers. The only good news is that Judge Connelly has kicked the isssue back to the Appeals Board for clarification in future cases.