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OR. OCCUPATIONAL SAFETY v. UNITED PARCEL

A168084.

494 P.3d 959 (2021)

312 Or. App. 424

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. UNITED PARCEL SERVICE, INC., Respondent.

Court of Appeals of Oregon.

June 16, 2021.

Attorney(s) appearing for the Case

Robert M. Wilsey , Assistant Attorney General, argued the cause for petitioner. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Raymond Perez , Georgia, April Upchurch Fredrickson, and Jackson Lewis P.C. filed the brief for respondent.

Before DeHoog, Presiding Judge, and Aoyagi, Judge, and Linder, Senior Judge.

The Oregon Occupational Safety & Health Division (OR-OSHA) cited United Parcel Service (UPS) for a violation of 29 CFR § 1910.219(c)(4)(i), a federal workplace safety rule that OR-OSHA has adopted by reference. The rule provides that an unguarded "projecting shaft end" of a power...

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