Department of Consumer and Business Services
Oregon Occupational Safety and Health Division - Chapter 437
Division 1
RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT
437-001-0270
Discretion To Prevent a Manifest Injustice
(1) To prevent a manifest injustice, the Administrator, at the Administrator’s own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order.
(2) If the Administrator proposes to vacate or amend a Division citation, notice, or order, an opportunity to be heard will be given to persons, including affected employees, whose rights may be affected.
(3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following:
(a) The request has been posted as required by OAR 437-001-0275(2);
(b) The request has been served on the authorized representative of affected employees, if appropriate;
(c) The date the request was posted or service was made; and
(d) All affected employees have been advised of their right to comment.
(4) No decision shall be made on a manifest injustice request until 10 days after the date of posting or service.
Statutory/Other Authority: 656.726(4) & ORS 654.025(2)
Statutes/Other Implemented: ORS 654.001 - 654.295
History:
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 3-1983, f. 1-31-83, ef. 2-1-82
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 5-1978, f. 6-22-78, ef. 8-15-78