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Division of Occupational Safety and Health of Industrial Commission of v. Chuck Westenburg Concrete Contractors Inc.12/24/1998
NCURRING: EDWARD C. VOSS, Judge NOEL FIDEL, Judge
DRAFT DISTRIBUTION
CIRCULATED TO judges: 9/30/98
Judges Voss and Fidel
Staff Attorney - Karen Hinse
FROM: Judge Thompson
RE: Case Name: OSHA V. Westenburg
Case No.: 1 CA-IC 97-0109
Conference Date: 6/22/98
NOTE: This is an opinion for the reasons that (1) we interpret regulations not previously interpreted; (2) there is very little case law to guide the OSHA review board in these matters; and (3) OSHA enforcement is a subject of some public interest.
ISSUES:
1) Did the summary decision by the OSHA review board, overturning citations against appellee, comply with the dictates of Post v. Industrial Comm'n, 160 Ariz. 4, 770 P.2d 308 (1989)?
2) Were OSHA's citations issued to a contractor after a construction site fatality for failure to have a compe- tent person on site and lack of safety training properly reversed by the review board?
CIRCULATED TO THE COURT: 10/28/98
BERCH EHRLICH FIDEL GARBARINO GERBER GRANT KLEINSCHMIDT LANKFORD NOYES PATTERSON RYAN SULT TOCI VOSS WEISBERG
COMMENTS:
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH of the Industrial Commission of Arizona, Petitioner, v. CHUCK WESTENBURG CONCRETE CONTRACTORS, INC., dba PIMA CONCRETE, INC., aka CHUCK WESTENBURG CONCRETE CONTRACTOR, INC., Respondent.
1 CA-IC 97-0109
DEPARTMENT B
ICA CLAIM NO. 135-17612
CARRIER NO. 115588212
ORDER
The above-entitled matter was duly submitted to the Court. The Court has this day rendered its opinion.
IT IS ORDERED that the opinion be filed by the Clerk.
IT IS FURTHER ORDERED that a copy of this order together with a copy of the opinion be sent to each party appearing herein or the attorney for such party and to The Honorable Bill H. Enriquez, Administrative Law Judge.
DATED this day of , 1998.
JON W. THOMPSON, Presiding Judge
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