Oregon Occupational Safety & Health Division v. Tom O'Brien Construction Co.

Petitioner, Oregon Occupational Safety and Health Division (OR-OSHA), challenges a Court of Appeals’ decision reversing and remanding an order of an administrative law judge (ALJ) dismissing a citation charging respondent, Tom O’Brien Construction Company (employer), with violating a safety standard. OR-OSHA v. Tom O’Brien Construction Co. Inc., 148 Or App 453, 941 P2d 550 (1997). The ALJ concluded that OR-OSHA had failed to establish that employer knew, or with reasonable diligence could have known, of the violation. Id. at 458.

On judicial review, the Court of Appeals reversed the ALJ’s…