Oregon Occupational Safety & Health Division v. Eslinger Logging, Inc.

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks review of a final order of the Workers’ Compensation Board 1 dismissing several citations for safety violations arising from a fatal work accident. The Board excluded most of OR-OSHA’s evidence as a sanction for its alleged violations of several statutes and rules in the course of investigating the accident. It then dismissed the citations because the remaining evidence was insufficient for OR-OSHA to proceed. We reverse and remand.

The accident occurred during a logging operation on the southwest Oregon coast. Defendant had a…