Accident Prevention Division v. Hoffman Construction Co.
Court of Appeals of Oregon
1Opinion of the CourtJoseph, C. J.
The issue in this case is whether an employer can be cited for a “repeat violation” of an occupational safety standard promulgated by the Workers’ Compensation Department under the Oregon Safe Employment Act, ORS 654.001 to 654.295, while the citation for the prior violation is being contested by the employer and had not yet been upheld by a final order. The referee held that the citation was improper. The Accident Prevention Division (APD) appeals.
On March 6,1981, APD issued a citation to Hoffman Construction Company (Hoffman) after inspecting its work-site. Item No. 9 of the citation stated:
2Cases cited5 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
- Springfield Education Ass'n v. Springfield School District No. 19Oregon Supreme Court · 1980
- Anderson v. PedenOregon Supreme Court · 1978
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- Association of Oregon Loggers, Inc. v. Department of Insurance & FinanceCourt of Appeals of Oregon · 1994