Oregon Occupational Safety & Health Division v. B & G Excavating

The Oregon Occupational Safety and Health Division (OSHD) seeks remand of a decision by an administrative law judge (ALJ) in which she ruled, as a matter of law, that a supervisor’s knowledge of a serious violation of a state occupational safety rule could not be imputed to the supervisor’s employer for the purpose of the imposition of a penalty under ORS 654.086. The ALJ relied on our opinions in OR-OSHA v. Tom O’Brien Construction Co., Inc., 148 Or App 453, 941 P2d 550, rev allowed 326 Or 151 (1997), and OR-OSHA v. Don Whitaker Logging, Inc., 148 Or App 464, 941 P2d 1025, rev allowed 326 Or…