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4761 REVIEW DENIED The CAL-OSHA regulation (California Code of Regulations VIII, 1735) that requires utilities to be shut off or otherwise controlled during demolition, does not specify who must do so, and therefore a property owner and general contractor who failed to shut off or otherwise control a pressurized water pipe during demolition cannot be guilty of violating it, so negligence per se cannot apply to their failure to do so; the regulation does not create a nondelegable duty, but even if it did, it would not impose on a property owner or general contractor a duty to a worker employed by a subcontractor unless the property owner or general contractor retained control of the work site and exercised that control in a way that affirmatively contributed to the worker's injury.CitationPADILLA v POMONA COLLEGE (Broken Pipe) 166 CA4 661 [See: CCR VIII 1735; Privette v SuperCt 5 C4 689, T/AT 9/93; Hooker v DOT 27 C4 198, T/AT 3/02; Kinsman v Unocal 37 C4 659; T/AT 1/06; Elsner v Uveges 34 C4 915, T/AT 1/05; Madden v Summit 165 CA4 1267, T/AT 9/08]
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