|CALENDAR STATUS: Active|
|Oregon Occupational Safety & Health Division v. CBI Services, Inc.|
|Supreme Court Case 3|
|Rebecca Johansen on behalf of Oregon Occupational Safety & Health Division|
Joel DeVore and Carl B. Carruth on behalf of CBI Services, Inc.
Statement of Issues:
|Oregon Occupational Safety & Health Division v. CBI Services, Inc. (S061183) (A147558) (on review from the Workers' Compensation Board; opinion reported at 254 Or App 466, 295 P3d 660 (2013)).|
The Oregon Occupational Safety & Health Division (OR-OSHA) has been granted review of a Court of Appeals decision that reversed and remanded an order of an administrative law judge (deemed to be a final order of the Workers' Compensation Board under ORS 654.290(2)(b)) that had affirmed an OR-OSHA citation to CBI Services, Inc. for a "serious" safety violation involving deficient fall-protection measures.
On review, the issue is:
Does the OR-OSHA establish a prima facie case of constructive knowledge by establishing that a site supervisor was in close proximity to a serious violation and allegedly had the opportunity to observe it?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: