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OREGON OCCUPATIONAL SAFETY & HEALTH v. ESLINGER LOGGING, INC.

SH-94009; CA A92225.

967 P.2d 889 (1998)

156 Or. App. 519

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. ESLINGER LOGGING, INC., Respondent.

Court of Appeals of Oregon.

Decided October 21, 1998.

Attorney(s) appearing for the Case

Stephanie L. Striffler, Assistant Attorney General, argued the cause for petitioner. With her 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 were George W. Goodman and Cummins, Goodman, Fish & Peterson, P.C.

Before WARREN, P.J., EDMONDS, J., and BUTTLER, Senior Judge.

WARREN, Presiding Judge.

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks review of a final order of the Workers' Compensation Board1 dismissing several citations for safety violations arising from a fatal work accident. The Board excluded most of OR-OSHA's evidence as a sanction for its alleged violations of several statutes and rules in the course of investigating the accident. It then dismissed the citations because...

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