Oregon Occupational Safety & Health Division v. Ostlie

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks review of an order of a referee of the Workers’ Compensation Board in this proceeding under the Oregon Safe Employment Act, ORS 654.001 et seq. The referee dismissed all seven citations against employer for the reason that OR-OSHA’s Safety Compliance Officer (SCO) violated statutory and administrative procedural requirements.

The referee made these uncontested findings:

“[Employer] was awarded a contract by the U.S. Department of Agriculture Forest Service [USFS] to blast the tops of live conifer trees located solely within the…