Oregon Occupational Safety & Health Division v. Redi-Rooter

Petitioner Oregon Occupational Safety and Health Division (OSHD) seeks judicial review of an order of a Workers’ Compensation Board referee after a contested case hearing. ORS 654.078. OSHD argues that the referee erred in dismissing a citation and the $1,050 penalty that OSHD had imposed against respondent for violating safety provisions that require all employees, while working on unguarded surfaces more than ten feet above a lower level, to use fall protection equipment. OAR 437-50-050(1). We review for substantial evidence and errors of law, ORS 183.482(7), (8), and reverse and remand…