ACCIDENT PREVENTION DIV. v. GORSAGE, INC.

SH-87-088; CA A50317.

776 P.2d 589 (1989)

97 Or.App. 504

ACCIDENT PREVENTION DIVISION, Petitioner, v. GORSAGE, INC., d/b/a Howard Jacobs Masonry, Respondent.

Court of Appeals of Oregon.

Decided July 12, 1989.


Attorney(s) appearing for the Case

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James R. Watts, Portland, argued the cause for respondent. With him on the brief was Watts & Watts, Portland.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Accident Prevention Division (APD) seeks review of a Workers' Compensation Board order vacating a citation and penalty. We reverse and reinstate the citation and penalty.

APD cited defendant, a masonry contractor, for a violation of OAR 437-83-1959, a rule governing the use of scaffolding and ladders on construction sites. The rule requires:

"Guardrails and toeboards shall be installed on all open sides and ends of platforms more than...

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