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OREGON OCCUPATIONAL SAFETY v. A & B SHEET

A165656.

461 P.3d 1094 (2020)

302 Or.App. 455

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION, Petitioner Cross-Respondent, v. A & B SHEET METAL WORKS, LLC, Respondent Cross-Petitioner.

Court of Appeals of Oregon.

February 26, 2020.

Attorney(s) appearing for the Case

Erin K. Galli , Assistant Attorney General, argued the cause for petitioner-cross-respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

James S. Anderson argued the cause for respondent-cross-petitioner. Also on the briefs were George W. Goodman and Cummins, Goodman, Denley & Vickers, P.C.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

The Oregon Occupational Safety and Health Administration (OR-OSHA) cited respondent, A & B Sheet Metal Works, LLC (A & B), for "[a] violation of 29 CFR § 1910.1025(d)(2) requiring an initial determination be made to determine if any employee may be exposed to lead at or above the action level," a federal regulation adopted...

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