Brand Energy Services, LLC v. Oregon Occupational Safety & Health Division

Employer seeks judicial review of a final order of the Workers’ Compensation Board that approved a citation by the Oregon Occupational Safety and Health Division (OR-OSHA) for violating 29 CFR section 1926.451(g)(l)(vii)— a rule that OR-OSHA has adopted by reference1 — which generally requires that employees on scaffolds be protected by fall-protection systems. OR-OSHA issued the citation after an employee fell 40 feet from a scaffold that he and other employees were in the process of dismantling. The only question on review is whether 29 CFR section 1926.451(g)(l)(vii) applies to employees…