1. (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. (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. (3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following:

   1. (a) The request has been posted as required by OAR 437-001-0275(2);
   2. (b) The request has been served on the authorized representative of affected employees, if appropriate;
   3. (c) The date the request was posted or service was made; and
   4. (d) All affected employees have been advised of their right to comment.
4. (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