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

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks review of an order of a Workers’ Compensation Board referee holding that a citation issued by OR-OSHA is invalid.

This is a case of first impression in which we are called upon to decide OR-OSHA’s obligations with respect to notifying an employer of an investigation. Employer contends that it is entitled to notification and a presentation of the investigator’s credentials before any investigation may begin. OR-OSHA contends that it may begin an off-premises investigation of an accident without first notifying the employer or…