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

(SH-93278; CA A89391; SC S44585)

986 P.2d 1171 (1999)

329 Or. 348

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

Supreme Court of Oregon.

Decided September 16, 1999.

Attorney(s) appearing for the Case

Jas. J. Adams, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Elliott C. Cummins, of Cummins, Goodman, Fish & Platt, P.C., McMinnville, argued the cause and filed the briefs for respondent on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.

VAN HOOMISSEN, J.

Petitioner, Oregon Occupational Safety and Health Division (OR-OSHA), challenges a Court of Appeals decision reversing and remanding an order of an administrative law judge (ALJ) dismissing a citation charging respondent, Tom O'Brien Construction Company (employer), with violating a safety standard. OR-OSHA v. Tom O'Brien Construction Co. Inc., 148 Or.App. 453, 941 P.2d 550

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