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OREGON OCCUPATIONAL SAFETY v. CBI SERVICES

0900126SH; A147558.

295 P.3d 660 (2013)

254 Or. App. 466

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Respondent Cross-Petitioner, v. CBI SERVICES, INC., Petitioner, Cross-Respondent.

Court of Appeals of Oregon.

Decided January 9, 2013.

Attorney(s) appearing for the Case

Carl B. Carruth , South Carolina, argued the cause for petitioner-cross-respondent. With him on the briefs were McNair Law Firm, P.A., and Joel S. DeVore and Luvaas Cobb .

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent-cross-petitioner. With her on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ORTEGA, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

In connection with the construction of a water tower at the Creswell water treatment plant, the Oregon Occupational Safety and Health Division (OR-OSHA) issued a citation to CBI Services, Inc. (employer) pursuant to the Oregon Safe Employment Act (OSEA).1 The citation alleged that employer had committed two "serious" safety violations involving deficient fall-protection measures.2 In item one of...

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