Raam Construction, Inc. v. Occupational Safety and Health Appeals Board

A Division of Safety and Health (DOSH) inspector inspected an Oakland site at which Ram served as the general contractor and cited Raam as a “controlling employer” for a safety violation, Lab. Code 6317. An ALJ and the Appeals Board upheld the citation. After the ALJ issued a decision upholding the citation, Raam filed a timely petition for reconsideration with the Appeals Board. On April 8, 2016, 35 days after the Appeals Board’s denial was issued, filed and served, Raam filed a petition for writ of mandate with the Alameda County Superior Court. The court of appeal affirmed the dismissal of the petition as untimely, rejecting an argument that the statute was ambiguous. Section 6627 mandates that an “application for writ of mandate must be made within 30 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeals board’s own motion, within 30 days after the filing of the order or decision following reconsideration.” View "Raam Construction, Inc. v. Occupational Safety and Health Appeals Board" on Justia Law