"[Civil] ... plaintiffs may use Cal-OSHA provisions to show a duty or standard of care to the same extent as any other regulation or statute, whether the defendant is their employer or a third party."

So held the Supreme Court in a 7 - 0 decision issued December 20, 2004 in Elsner v. Uveges. This case settles the most contentious issue remaining from the passage of Assembly Bill 1127 in 1999. Now and for the foreseeable future, the rules adopted by the appointed (not elected) members of the Cal/OSHA Standards Board apply not only to employers but to all conceivable personal injury defendants, including homeowners.

That is, all types of defendants but one: A last-minute amendment to AB 1127 prohibited the use of Cal/OSHA regulations in cases against the State. Go figure.

It will be interesting indeed to watch the fallout from this decision. Clearly, it is good news for plaintiff attorneys. Expect premium increases for your liability and homeowners coverage.

It also increases the number of "stakes holders" with legitimate interests in Standards Board deliberations. The Board can expect participation now from multiple interest groups from the non-employer community, not the least of which will be the general liability insurance carriers. In the category of making lemonade from lemons, it also can be expected to raise a bumper crop of newly-anointed expert consultants and witnesses from the ranks of safety professionals.

Happy New Year!