BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety & 

     Health Division			)  Docket No. SH89257,

ACCIDENT PREVENTION DIVISION		)  Citation No. V980103189;

		Plaintiff,		)

		vs.			) 

MARTIN CONSTRUCTION			)  

		Defendant		)  OPINION AND ORDER



	This contested penalty case under the Oregon Safe Employment
Act came on pursuant to October 9, 1989 Notice of Hearing in
Portland, Oregon on December 29, 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 1, 2, 3, 4 and 9 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)].



                              ORDER



	IT IS HEREBY ORDERED:



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



	Citation No. V980103189 is approved;



	The total fine is $2150.



	 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 2 4 l990 



				WORKERS' COMPENSATION DEPARTMENT

				James P. Leahy

 				Referee