SeaBright Insurance v. US Airways, Inc.
258 P.3d 737
| Cal. | 2011Background
- SeaBright paid workers’ compensation benefits to Verdon, an employee of Aubry, after Verdon was injured on a conveyor at SFO.
- US Airways hired Aubry to maintain/repair the conveyor; US Airways did not direct or participate in Aubry’s work, though it retained overall responsibility for the conveyor’s maintenance.
- The conveyor lacked Cal-OSHA-required safety guards at nip points, and Cal-OSHA regulations were argued to have prevented Verdon’s injury.
- Privette generally bars suits against a hirer for injuries to the contractor’s employees, with exceptions for nondelegable duties and certain controlled-conduct scenarios.
- The Court of Appeal held Cal-OSHA duties were nondelegable, so the hirer could be liable if its failure to require guards contributed to the injury; the Supreme Court granted review to resolve this conflict.
- The Supreme Court majority held that while Cal-OSHA duties may be relied upon to establish a standard of care, the hirer implicitly delegates its tort duty to provide a safe workplace to the contractor, and the nondelegable duties doctrine does not apply here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Cal-OSHA create a duty extending to contractor employees? | SeaBright argues Cal-OSHA duties extend to Aubry’s employees. | US Airways contends delegation and workers’ compensation policy limit such exposure. | Cal-OSHA can show a duty, but delegation governs. |
| Is the Cal-OSHA duty nondelegable to the contractor’s employees? | Nondelegable duties doctrine applies to Cal-OSHA duties. | Duty can be delegated when hiring an independent contractor. | Nondelegable doctrine does not apply; delegation is presumed. |
| Does Cal-OSHA’s multiemployer site provision affect liability for the hirer to contractor employees? | Statute 6400(b) supports extending duties to non-own employees, creating liability. | Delegation framework limits liability of hirers for contractor employee injuries. | 6400(b) confirms duties extend across employers, but the hirer’s delegation defeats direct liability in this case. |
Key Cases Cited
- Privette v. Superior Court, 5 Cal.4th 689 (1993) (presumption of delegation to contractor; workers’ comp rationale)
- Hooker v. Department of Transportation, 27 Cal.4th 198 (2002) (liability if hirer affirmatively contributed to injury)
- Toland v. Sunland Housing Group, Inc., 18 Cal.4th 253 (1998) (delegation of duty and peculiar risk analysis groundwork)
- Kinsman v. Unocal Corp., 37 Cal.4th 659 (2005) (framework of delegation; policy against bystander liability)
- Tverberg v. Fillner Construction, Inc., 49 Cal.4th 518 (2010) (delegation principle; hirer not liable when contractor controls safety)
- De Cruz v. Reid, 69 Cal.2d 217 (1968) (early holding on employer liability to others’ employees)
- Maloney v. Rath, 69 Cal.2d 442 (1968) (nondelegable duties doctrine in product/maintenance context)
- Elsner v. Uveges, 34 Cal.4th 915 (2004) (Cal-OSHA evidence and duty-to-care principles in tort)
- Vanic Van Arsdale? (Van Arsdale v. Hollinger), 68 Cal.2d 245 (1968) (nondelegable duty doctrine origins (overruled by Privette in part))
- Madden v. Summit View, Inc., 165 Cal.App.4th 1267 (2008) (omission vs. affirmative conduct in nondelegable duties)