Nygaard Logging Co. v. State ex rel. Department of Consumer & Business Services

This case arises from an Oregon Occupational Safety and Health Division (OR-OSHA) investigation of an accident that occurred in August 1996 at a work site operated by petitioner, Nygaard Logging Company, Inc. OR-OSHA appeals from the trial court’s issuance of a permanent injunction prohibiting OR-OSHA from (1) conducting informal interviews of petitioner’s employees pursuant to ORS 654.067(l)(b) without an “employer representative” present; and (2) subpoenaing petitioner’s employees for depositions pursuant to ORS 654.025(4) without an “employer representative” present. We conclude that,…