Oregon Occupational Safety & Health Division v. Bellet Construction

Petitioner Occupational Safety and Health Division (OSHD) seeks review of an order of the Workers’ Compensation Board1 holding that employer did not violate safety rules adopted by the Department of Insurance and Finance (DIF),2 pursuant to the Oregon Safe Employment Act. We review for errors of law, ORS 183.482(8), and reverse.

On June 14,1991, an OSHD safety compliance officer inspected employer’s worksite where a large metal roof was under construction. The officer cited employer for not complying with OAR 437-03-040(1), which provides:

“All employees shall be protected from fall hazards…