Legal Opinion

Oregon Occupational Safety & Health Division v. Moore Excavation, Inc.

Court of Appeals of Oregon

Decided July 17, 2013No. 0800169SH; A149283PublishedCited by 7 opinions

1Opinion of the CourtSercombe, J.

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks judicial review of an administrative law judge’s (ALJ) order vacating a citation issued by OR-OSHA to Moore Excavation, Inc. (Moore).1 Moore was cited for failure to “tag and withdraw from service a damaged portable ladder” in violation of 29 CFR section 1926.1053(b)(16),2 a federal regulation adopted in Oregon by reference pursuant to the Oregon Safe Employment Act (OSEA).3 OAR 437-003-0001(24)(d) (9/26/07); see also ORS 654.035 (authorizing the Director of the Department of Consumer and Business Services to adopt such…

2Cases cited14 opinions

  1. Marks v. McKenzie High School Fact-Finding TeamOregon Supreme Court · 1994
  2. Oregon Occupational Safety & Health Division v. Don Whitaker Logging, Inc.Oregon Supreme Court · 1999
  3. National College of Business & Technology, Inc. v. DavenportCourt of Appeals of Virginia · 2011
  4. Oregon Occupational Safety & Health Division v. Tom O'Brien Construction Co.Court of Appeals of Oregon · 1997
  5. R. Williams Construction Company v. Occupational Safety & Health Review Commission Elaine Chao, Secretary of LaborCourt of Appeals for the Ninth Circuit · 2006

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3Cited by7 opinions

  1. Brand Energy Services, LLC v. Oregon Occupational Safety & Health DivisionCourt of Appeals of Oregon · 2014
  2. OR-OSHA v. United Parcel Service, Inc.Court of Appeals of Oregon · 2021
  3. OR-OSHA v. A & B Sheet Metal Works, LLCCourt of Appeals of Oregon · 2020
  4. SIERRA PACKAGING & CONVERTING, LLC VS. CHIEF ADMIN. OFFICER OF THE SAFETY AND HEALTH ADMIN.Nevada Supreme Court · 2017
  5. SIERRA PACKAGING & CONVERTING, LLC VS. CHIEF ADMIN. OFFICER OF THE SAFETY AND HEALTH ADMIN.Nevada Supreme Court · 2017

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