SACRAMENTO, Calif. (Legal Newsline) - A subcontractor on the California Flats Solar Project has defeated allegations it could have exposed workers to a fungus that causes Valley fever.
The state's Third Appellate District court on Oct. 16 ruled for Granite Construction Company on that issue, rejecting allegations made by the state's Division of Occupational Safety and Health.
Valley fever is caused by a fungus called Coccidioides that lives in higher rates in some California soil and is potentially fatal. It was a major concern for those working on the solar project in Monterey County who were required to prepare a Valley fever management plan.
Granite was a subcontractor and delivered safety instructions to its employees. It claims it told them to use a mask if they needed to, though the Division also alleged Granite required use of masks without first considering whether its employees were fit to do so.
The Division ultimately cited Granite three times, but an administrative law judge noted that no Granite employee contracted Valley fever. In fact, the Division's employees did not even wear masks when inspecting the worksite.
The ALJ also found no respirator would have been effective to protect from Coccidioides, but he was overturned by a board of the Division. The Third District reinstituted the ALJ's findings on the fungus issue.
"(N)othing we have found in the record shows that any part of the worksite 'presented[ed] [a] danger to employees," the court found. "The CDC, to be sure, has said Coccidioides is endemic in California.
"But that does not mean that the fungus is present everywhere in the state (or for that matter, everywhere in Monterey County) - which even Division staff conceded."
As for whether Granite required or offered use of masks without first obtaining medical evaluations of its employees, the court said there is sufficient evidence to show it was a requirement.
One employee said he was required to wear masks on "dusty" days and that supervisors told unmasked employees to put them on.
"And although Granite Construction claims its employees signed paperwork showing that the masks provided were for voluntary use only, all it cites in support are two unsigned documents," the ruling says.
"It cites nothing showing that any employee signed these documents."