Oregon Occupational Safety & Health Division v. Tom O'Brien Construction Co.

Petitioner, Oregon Occupational Safety and Health Division (OR-OSHA), 1 seeks review of an order of an administrative law judge (ALJ) that dismissed a citation charging respondent, Tom O’Brien Construction Company (employer), with violating a fall protection standard. This case raises issues of first impression under Oregon law—specifically, issues that arise when an employer is charged with a “serious violation” of the Oregon Safe Employment Act (OSEA), 2 alleged to have been intentionally committed by a supervisory employee. We reverse and remand.

When OR-OSHA cites an employer for a…