The California Court of Appeals in Sacramento has ruled that an amendment made to Labor Code section 6304.5 in AB 1127 allows Cal/OSHA regulations to be admitted in personal injury actions to prove negligence, regardless of any employment relationship between the plaintiff and the defendant. The case is Gradle v. Doppelmayr USA, Inc.

The 1999 amendment to LC section 6304.5 was the subject of an earlier appellate decision to the contrary. That case, Elsner v. Uveges, is now on appeal to the Supreme Court.

We will report the Supreme Court’s view of which appellate decision is correct when the Elsner decision is released.