OR. OCCUPATION. SAF. AND HEALTH v. FALL CREEK LOGGING

SH-92352; CA A84785.

905 P.2d 241 (1995)

137 Or. App. 506

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION, Petitioner, v. FALL CREEK LOGGING CO., Respondent.

Court of Appeals of Oregon.

Decided November 8, 1995.


Attorney(s) appearing for the Case

Jas. Adams, Assistant Attorney General, argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


ARMSTRONG, Judge.

The Oregon Occupational Safety and Health Division (OSHD) seeks review of a referee's order that dismissed a citation issued to Fall Creek Logging Co. OSHD issued the citation for an alleged failure by a log-truck driver to wear a hard-hat, as required by OAR 437-06-045(2). OSHD based the citation on information that it had obtained in an inspection of Fall Creek that was undertaken to determine the cause of a fatal accident. OSHD asserts that the...

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