Marysville officer death sparks legal battle over Cal-OSHA’s police oversight

A legal battle between the Yuba County Sheriff’s Office and California’s workplace safety agency has called into question the latter’s authority to investigate law enforcement, including potential workplace safety violations related to an officer’s death.

The dispute stems from the death of Marysville Police Officer Osmar Rodarte, who was killed in the line of duty in March during a multi-agency operation. The California Division of Occupational Safety subsequently opened an investigation into the incident, which local law enforcement agencies have pushed back against and resisted cooperation, prompting six-figure fines and a legal standoff.

Cal-OSHA in late September issued citations totaling more than $153,000 to the Marysville Police Department and $184,000 to the Yuba County Sheriff’s Office for workplace safety violations related to Rodarte’s death.

The violations identified for each agency focus on the body armor and ballistic shield used by Rodarte during the operation at an Olivehurst home where he was killed, and training and safety measures related to the operation.

Months before the citations were made, the Sheriff’s Office filed a lawsuit against Cal-OSHA, sparking a legal battle centered on relatively recent changes to state labor law, and the latter’s authority to investigate and penalize law enforcement agencies.

Yuba-Sutter law enforcement agencies have called the citations “unprecedented” and “unfounded.”

“The California State Sheriff’s Association is unaware of any similar citations previously being issued in investigations similar to (this) case,” said Sutter County Sheriff Brandon Barnes, president of the California State Sheriff’s Association, in a statement. “CSSA agrees this seems unprecedented and appears to be outside the scope of Cal OSHA’s mission and authority.”

What happened to the officer?

Rodarte was killed while executing a search warrant at an Olivehurst home in Yuba County the morning of March 26.

He entered the home as part of a tactical team led by the Yuba County Sheriff’s Office, organized as one of several units serving arrest warrants throughout Yuba, Sutter, Butte and Tehama counties, part of a broader crackdown on a suspected transnational drug-trafficking ring.

The operation came at the end of a yearslong investigation led by NET-5, a task force made of law enforcement agencies in Yuba and Sutter counties, focused on drug- and gang-related crimes.

While inside of the home, Rodarte was killed by a single .357 round fired by Rick David Oliver, the subject of the search warrant, who was simultaneously killed by a barrage of gunfire from Rodarte and Yuba County Sheriff’s Sgt. Daniel Trumm.

The lone shot Oliver fired struck an area of Rodarte’s lower abdomen that was not covered by the body armor he wore that day. The round struck a major artery, causing severe blood loss that left Rodarte dead within minutes, according to a Yuba County District Attorney report. Rodarte was taken to Adventist Health and Rideout hospital in Marysville where he was pronounced dead.

Yuba County District Attorney Clint Curry announced in early October that Rodarte and Trumm acted in self-defense and cleared them of potential wrongdoing.

About a week later, the city of Marysville and Yuba County Sheriff’s Office publicly spoke out against the fines issued by Cal-OSHA. Marysville officials said in a statement at the time that they would appeal the citations and declined further comment due to ongoing litigation.

“California Law Enforcement agencies should take notice of this case as it sets a dangerous precedent for unfocused oversight by a state entity that has little to no knowledge in regard to public safety and law enforcement,” a Sheriff’s Office statement read.

Cal-OSHA investigation

The Cal-OSHA investigation into the Yuba County Sheriff’s Office began April 28, about a month after the shooting, and quickly met opposition, according to court documents.

Its authority to investigate stems from Senate Bill 553, which requires employers to maintain workplace violence prevention plans, and was amended to apply more generally to various industries, including law enforcement.

Cal-OSHA has claimed in court filings that the Sheriff’s Office has refused cooperation with its investigation, including providing proof that it meets exemptions permitted for law enforcement agencies.

Law enforcement agencies that are compliant with the Peace Officer Standards and Training Program are exempt from the workplace violence prevention standards detailed in the updated law, which went into effect in July 2024.

But the Sheriff’s Office disagrees with the state agency’s application of that law.

“In fact, there is no explicit case law or guidance on how Cal-OSHA must conduct investigations of peace officers involved in shooting incidents,” an attorney for the Sheriff’s Office wrote in a court filing.

An investigator for the state agency requested documents from the Sheriff’s Office related to training, assigned job titles and tasks during the Olivehurst operation, and specifications on the body armor and ballistic shield used by Rodarte.

The investigator also requested explanations of the training, strategy and threat assessments specific to the operation, according to court documents.

A Cal-OSHA spokesperson, in a statement provided after publication, said the agency has inspected more than 100 police stations and sheriff’s offices over the past five years, and that conducting interviews and inspecting employee safety and training documents is standard.

“This is the first case of a law enforcement agency filing a lawsuit against Cal/OSHA in an attempt to avoid providing an interview and documents necessary to complete the investigation,” the Cal-OSHA spokesperson said. “To date, the Sheriff’s Office has not provided information critical to Cal/OSHA’s investigation, including bodycam footage of the incident, officer training records, and records pertaining to personal protection equipment.”

Cal-OSHA has argued in court filings that the Sheriff’s Office falls within its jurisdiction, and that the agency must investigate workplace deaths. In regard to the specific documents requested, the agency has argued that training records are not considered personnel records, and therefore should be released.

The Sheriff’s Office denied release of almost all requested items, citing an ongoing investigation and privacy protections for law enforcement officers under what’s known as the Peace Officer’s Bill of Rights.

The Sheriff’s Office has also fought against several attempts by Cal-OSHA to subpoena records and testimony from Yuba County Sheriff’s Lt. Chad Watson. Watson and Rajinder Gill, a Sutter County Sheriff’s lieutenant, were tasked with leading the tactical teams the day of Rodarte’s killing.

Through court documents, the Sheriff’s Office has defended its decision to reject the various Cal-OSHA requests, likening its investigation to a “fishing expedition.”

The two sides went back and forth for several months through meetings, emails and court filings before Cal-OSHA issued its citations in late September.

Yuba County supervisors earlier this month approved up to $200,000 in outside legal expenses with Ogletree Deakins, which is representing the county in its case against Cal-OSHA.

The next court hearing between Yuba County and Cal-OSHA is scheduled for Nov. 17 before Yuba Superior Judge Stephen W. Berrier.

This story was originally published October 29, 2025 at 2:37 PM.