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OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION v. B & G EXCAVATING

SH95176; CA A101912.

976 P.2d 574 (1999)

159 Or. App. 28

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION, Petitioner, v. B & G EXCAVATING, Respondent.

Court of Appeals of Oregon.

Decided March 10, 1999.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for petitioner. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance for respondent.

Before WARREN, Senior Judge pro tempore, and EDMONDS and ARMSTRONG, Judges.

PER CURIAM.

The Oregon Occupational Safety and Health Division (OSHD) seeks remand of a decision by an administrative law judge (ALJ) in which she ruled, as a matter of law, that a supervisor's knowledge of a serious violation of a state occupational safety rule could not be imputed to the supervisor's employer for the purpose of the imposition of a penalty under ORS 654.086. The ALJ relied on our opinions in OR-OSHA v. Tom O'Brien Construction Co., Inc., ...

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