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OREGON OCCUPATIONAL SAFETY v. MARV'S UTILITY

SH-92060; CA A81198.

875 P.2d 531 (1994)

128 Or. App. 204

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. MARV'S UTILITY SPECIALISTS, Respondent.

Court of Appeals of Oregon.

Decided May 25, 1994.

Attorney(s) appearing for the Case

J. Dean Taylor, Asst. Atty. Gen., argued the cause, for petitioner. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

David W. Hittle, Salem, argued the cause, for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander, McCann & Smith.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Petitioner Occupational Safety and Health Division (OSHD) seeks review of an order of the Workers' Compensation Board1 holding that employer did not violate administrative rules adopted by the Director of the Department of Insurance and Finance (DIF) pursuant to the Oregon Safe Employment Act. We reverse.

On September 17, 1991, an OSHD enforcement officer inspected an excavation site where a pipe was being installed...

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