OREGON OCCUPATIONAL SAFETY v. WHITAKER LOGGING

SH-91058; CA A76631.

862 P.2d 526 (1993)

124 Or. App. 246

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION, Petitioner, v. DON WHITAKER LOGGING, INC., Respondent.

Court of Appeals of Oregon.

Decided November 3, 1993.


Attorney(s) appearing for the Case

Katherine H. Waldo, Asst. Atty. Gen., argued the cause for petitioner. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

George W. Goodman argued the cause for respondent. With him on the brief were Jerry K. Brown and Cummins, Brown, Goodman, Fish & Peterson, P.C., McMinnville.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

The Oregon Occupational Safety and Health Division (OR-OSHA), seeks review of an order of a Workers' Compensation Board referee holding that a citation issued by OR-OSHA is invalid.

This is a case of first impression in which we are called upon to decide OR-OSHA's obligations with respect to notifying an employer of an investigation. Employer contends that it is entitled to notification and a presentation of the investigator's credentials...

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