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BRAND ENERGY SERVICES v. OR-OSHA

0900144SH, A150953.

323 P.3d 356 (2014)

261 Or. App. 210

BRAND ENERGY SERVICES, LLC, Petitioner, v. OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION, Respondent.

Court of Appeals of Oregon.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Suzanne Kelly Michael and Michael & Alexander PLLC filed the briefs for petitioner.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Inge D. Wells , Senior Assistant Attorney General, filed the brief for respondent.

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

HADLOCK, J.

Employer seeks judicial review of a final order of the Workers' Compensation Board that approved a citation by the Oregon Occupational Safety and Health Division (OR-OSHA) for violating 29 CFR section 1926.451(g)(1)(vii)-a rule that OR-OSHA has adopted by reference1-which generally requires that employees on scaffolds be protected by fall-protection systems. OR-OSHA issued the citation after an employee fell 40 feet from a...

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