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OR-OSHA v. CBI SERVICES, INC.

(WCB 0900126SH; CA A147558; SC S061183).

341 P.3d 701 (2014)

356 Or. 577

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner on Review, v. CBI SERVICES, INC., Respondent on Review.

Supreme Court of Oregon, En Banc.

December 26, 2014.

Attorney(s) appearing for the Case

Rebecca M. Auten , Assistant Attorney General, argued the cause and filed the brief for petitioner on review. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Carl B. Carruth , McNair Law Firm, Columbia, South Carolina, argued the cause for respondent on review. Joel S. DeVore , Luvaas Cobb, Eugene, filed the brief for respondent on review.

ORS 654.086(2) provides that an employer is not liable for a "serious" violation of the Oregon Safe Employment Act (OSEA) if "the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation." At issue in this case is what the statute means when it says that an employer "could not with...

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