Oregon Occupational Safety & Health Division v. Affordable Roofing, Inc.

Petitioner, Occupational Safety and Health Division (OSHD), seeks review of an order of a referee of the Workers’ Compensation Board1 holding that defendant employer did not violate administrative rules adopted by the Director of the Department of Insurance and Finance (DIF) pursuant to the Oregon Safe Employment Act. We reverse.

On October 4, 1991, employer was issued a citation by a OSHD compliance officer for not complying with the fall protection requirements of DIF’s administrative rules, specifically OAR 437-03-040(1).2 That rule requires that employees must be protected from fall…