Oregon Occupational Safety & Health Division v. Don Whitaker Logging, Inc.

Petitioner, Oregon Occupational Safety and Health Division (OR-OSHA), seeks judicial review of a Court of Appeals’ decision affirming an order of an administrative law judge (ALJ) that dismissed a citation charging respondent, Don Whitaker Logging Company (employer), with violations of several safety rules under the Oregon Safe Employment Act (OSEA). OR-OSHA v. Don Whitaker Logging, Inc., 148 Or App 464, 941 P2d 1025 (1997). The issue is whether, under the OSEA and its implementing regulations, proof that a supervisor, acting in the discharge of the supervisor’s authorized employment duties,…