Accident Prevention Division v. Stadeli Pump & Construction, Inc.

This is an administrative appeal which arises out of a Citation and Notice of Proposed Penalty issued by the Accident Prevention Division (APD) of the Workmen’s Compensation Board concerning an *360alleged violation, by Stadeli Pump and Construction, Inc. (Stadeli), of a provision of the Oregon Safety Code. The code was promulgated pursuant to the provisions of the Oregon Safe Employment Act, ORS 654.071. Among other things the code requires that all trenches over four feet in depth be shored to prevent eave-in accidents.

Stadeli appeals, seeking relief from an order by a referee of the Hearings…