BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No. SH89244

ACCIDENT PREVENTION DIVISION		)  Citation No. V980192089

	Plaintiff,			)        

		 vs.			)  

MARTIN CONSTRUCTION			)

		Defendant		)  OPINION AND ORDER



	This contested penalty case under the Oregon Safe Employment
Act carne on pursuant to an October 9, 1989 Notice of Hearing in
Portland, Oregon on December 2g, 1989 before James P. Leahy,
referee. Norman F. Kelley, Assistant Attorney General,
represented the Attorney General ' s office on behalf of
plaintiff, Accident Prevention Division (APD), now known as
Oregon Occupational Safety and Health Division (OSHA)). The
court recorder was Vickie Gotner. The employer representative
did not appear.



	Norman F. Kelley offered Exhibits l, 2, 3 and 7, which were
admitted and which, together with the uncontradicted testimony
of John Van Raalte who enforces the health and safety rules,
made out a prima facie case.  OAR 438-85-865(3).



                           O R D E R



	IT IS HEREBY ORDERED:



	Martin Construction Co. of Oregon, Inc., is in default;



	Citation No. U980192089 is approved;



	The total fine is $300.



	NOTICE TO ALL PARTIES: You are entitled to judicial review of
this Order. Proceedings for review are to be instituted by
filing a petition in the Court of Appeals, Supreme Court
Building, Salem, Oregon  97310, within 60 days following the
date this Order is entered and served as shown hereon. The
procedure for such judicial review is prescribed by ORS 183.480
and ORS 183.482.



	Entered at Portland, Oregon  on   JAN 24, 1990 



				WORKERS' COMPENSATION BOARD

				B y James P. Leahy

 				Referee