Contractor Prevails in Part Against CalOSHA in Valley Fever Case

Businesswoman sick at computer

Before construction began, the Monterey County Planning Department required the project owner to take several measures to prevent the spread of Valley fever.

February 26, 2024
Garret Murai - California Construction Law Blog

Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil is exposed, and can cause respiratory illness and even death. And apparently, it is present in many parts of California particularly in the Central Valley and along the coast. Who knew?

In Granite Construction Company v. Occupational Safety and Health Appeals Board, Case No. C086704 (2023), contractor Granite Construction was cited by CalOSHA for exposing its employees to Coccidioides at a large solar power plant known as California Flats Solar Project in Monterey California. The 3rd District Court of Appeal reversed in part. It should be noted that this case originally unpublished, it was then published, and then later depublished, so it should not be relied on for precedential value.

Mr. Murai may be contacted at gmurai@nomosllp.com



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