Ore. Regulators Don't Need to Prove Hazard to Cite for Rule Violation

PORTLAND, Ore. - Oregon's Court of Appeals has held that a state regulatory agency doesn't always need to prove that a safety hazard exists before citing an employer for violating a safety rule. Oregon Occupational Safety & Health Division v. Mowat, et al., No. A137455 (Ore. Ct. App.).

The court reversed an administrative law judge's order that had vacated a citation issued by state labor officials to a construction company over the angle of slope in a construction ditch.

The ML Mowat Co. was cited by a state safety inspector in July 2005, after the inspector determined that the …