Leonardo Cordero, an employee of Camblin Steel Service working on a pedestrian bridge project in Menlo Park, fell from atop a concrete column while installing rebar reinforcement. Ghilotti Construction Company served as the 'turnkey' contractor on the $2.5 million project, subcontracting the steel reinforcing work to Camblin among approximately 20 different subcontractors. Under their agreement, Camblin assumed 'full and complete responsibility for all conditions relating to the work, the site of the work or its surroundings and all risks in connection therewith.'
The court applied California's established Privette doctrine, which creates a 'strong presumption under California law that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety.' As Justice Banke explained, this presumption meant that Ghilotti 'presumptively delegated to [the independent contractor] the authority to determine the manner in which the work is to be performed, the contractor also assumes the responsibility to ensure that the worksite is safe, and the work is performed safely.'
In a significant ruling for construction industry liability, Justice Banke firmly rejected Cordero's central argument that Cal-OSHA Construction Safety Order Section 1711 imposed nondelegable duties on Ghilotti. 'Nothing in the language of section 1711 remotely suggests the Board updated it to carve out an exception from SeaBright for ironworkers,' the court declared, referencing the California Supreme Court's 2011 decision in SeaBright Ins. Co. v. US Airways, which held that Cal-OSHA regulations do not create nondelegable workplace safety obligations.
The case originated when Cordero sued after slipping and falling while working atop a concrete column at the project's 'Bent 10' location. The morning of the accident, Ghilotti's crew had performed 'dewatering' work—pumping standing water and cleaning mud from around the concrete footing—before turning control of the work area over to Camblin. San Mateo County Superior Court Judge Nancy Fineman granted summary judgment for Ghilotti, finding the Privette doctrine barred Cordero's claims.
Cordero argued that Ghilotti retained control over worksite safety and failed to adequately prepare safe access conditions, but the appellate court found this insufficient to overcome Privette's presumption. The court noted there was 'no evidence Ghilotti retained control over how Camblin performed the steel reinforcing work it was hired to do' or that it 'directed that [Camblin] perform its [rebar reinforcing] work in a certain way.' Even if Ghilotti's dewatering work was inadequate, Justice Banke wrote, 'that does not render Privette inapplicable.'
The decision reinforces the broad protection the Privette doctrine provides to general contractors and hirers in California's construction industry. The ruling builds on recent California Supreme Court precedent in Gonzalez v. Mathis (2021), which emphasized that delegation is 'the key principle underlying [the Privette doctrine]' and rejected attempts to expand exceptions based on unsafe site conditions or regulatory violations.
For construction practitioners, the decision clarifies that detailed Cal-OSHA regulations specifying duties for 'controlling contractors' cannot override the fundamental Privette presumption that workplace safety responsibilities are delegated to independent contractors. The ruling was certified for publication, ensuring it will provide binding precedent statewide for similar construction injury cases.