Every once in a while, the California Occupational Safety and Health Appeals Board publishes a Decision After Reconsideration that makes employers wince and leaves attorneys scratching their heads. On March 12, 2026, the Appeals Board did just that when it issued KPRS Construction Services, Inc., turning the employer’s full victory at trial to a full defeat on appeal.

Quick Hits

• General contractors must conduct inspections across the entire jobsite—including hard-to-access areas and spaces where only subcontractors are working.
• An employer’s unawareness of a hazard does not insulate it from liability for failing to identify, evaluate, and correct that hazard.
• Employers may want to investigate the safety records of all subcontractors, not just those with whom they have direct contracts.

Facts

KPRS Construction Services, Inc., of Brea, California, is a general contractor for commercial construction projections. As a general contractor for large projects, it routinely engages multiple subcontractors, who then engage subcontractors themselves.

In July 2018, KPRS was building a 500,000 square foot refrigerated warehouse with an adjacent 25,000 square foot mechanical building. KPRS contracted with A.G. Construction to complete the concrete work, Angle Iron Works to complete structural iron work, and C & L Refrigeration to complete HVAC work.

At some point, and unknown to KPRS, Angle Iron Works further subcontracted with G.B. Metal Fabricators to cut openings on the roof...

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