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OREGON OCCUPATIONAL SAFETY & HEALTH v. TOM O'BRIEN CONST. CO., INC.

SH-93278; CA A89391.

941 P.2d 550 (1997)

148 Or. App. 453

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. TOM O'BRIEN CONSTRUCTION CO., INC., Respondent.

Court of Appeals of Oregon.

Decided June 18, 1997.

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 C. Cummins, McMinnville, argued the cause for respondent. With him on the brief was Cummins, Goodman, Fish & Peterson, P.C.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Petitioner, Oregon Occupational Safety and Health Division (OR-OSHA),1 seeks review of an order of an administrative law judge (ALJ) that dismissed a citation charging respondent, Tom O'Brien Construction Company (employer), with violating a fall protection standard. This case raises issues of first impression under Oregon law—specifically, issues that arise when an employer is charged with a "serious violation...

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