THE STATE OF OREGON

                           HEARINGS DIVISION

Oregon Occupational Safety &                                    
 Health Division			)  Docket No: SH90017

		Plaintiff,		)  CITATION NO.: G652704789



		Defendant.		)  OPINION AND ORDER

	Pursuant to notice, a hearing was held in the above matter on
May 30, 1990, in Salem, Oregon, before Referee Donna Garaventa.
The plaintiff, Oregon Occupational Safety & Health Division
(hereinafter OR OSHA), was represented by Jeff Jaraczeski. the
defendant, Star Apartments, did not appear. The hearing was
recorded by Angela Trafton of Business Support Services.

	No affected employees elected to appear as parties pursuant to
OAR 438-85-411.

	This is a contested case under the Oregon Safe Employment Act,
ORS 654.001 to 654.295 and 654.991.


	Defendant has appealed Citation No. G652704789, issued by OR
OSHA on November 15, 1989, which alleges violations of OAR
437-147-025(11) (Item 1-1); OAR 437-147-045(1) (Item 2-2); OAR
437-147-040(9) (Item 2-3); and OAR 437-147-050(3)(3) (Item 3-4),
and imposes a total penalty of $560.00. The alleged violations
occurred at 19107 Hwy. 99E, Hubbard, Oregon 97032. Each and
every allegation and the reasonableness of the proposed
penalties are in dispute.

                         FINDINGS OF FACT

	On August 7, 1989, Abel Garcia, a compliance officer employed
by OR OSHA, conducted a labor camp inspection of the Star
Apartments following a referral from Barbara Gaspin of the
Employment Division. The facility had previously been closed
down in 1988 for safety and health violations.

	On inspection, Mr. Garcia found that several corrections had
been made since the facility had been closed in 1988. However, I
find that the following violations were present during the
August 7, 1989 inspection:

1. One toilet had an accumulation of feces close to the top of
the toilet seat and the urinal was plugged up in violation of
OAR 437-147-025(11), which requires that toilet facilities be
maintained in a clean and sanitary condition. The violation is
considered serious and the penalty of $150 was proper.

2. The camp operator did not provide a mechanical or any other
means of arousing the occupants in each unit on the subject
premises in violation of OAR 437-147-045(1), which requires that
the camp be equipped with a mechanical means of arousing the
occupants in the event of a fire or other emergency. This
violation was a serious repeat violation and a penalty of $300
is proper.

3. In units No. 2 and No. 4, the mattresses were resting
directly on the floor in violation of OAR 437-147-040(9), which
requires that mattresses be elevated approximately 12 inches off
the floor. This violation was a general repeat violation and the
proposed penalty of $110 was appropriate.

4. The food in unit No. 4 was stored on an empty bunk bed
directly on a plywood board in violation of OAR
437-147-050(3)(3), which requires that food storage shelves and
food preparation areas in the kitchen facilities be constructed
of or finished with smooth, nonabsorbent, cleanable material.
The violation was a general violation and the failure to impose
a penalty for that violation was appropriate.

                     CONCLUSIONS AND OPINION

	It is OR OSHA's burden to establish that the violations
occurred and that the proposed penalties were reasonable. My
findings that the violations occurred are based on the
unrebutted testimonial and documentary evidence, including
inspector's notes made and photographs taken during the

	The method of calculating penalties is set forth in OAR
437-01-135 et seq. Applying the formula presented to the
violations, I conclude that the proposed penalties were


	NOW, THEREFORE, IT IS HEREBY ORDERED Citation No. G652704789 is
affirmed in all respects.

	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

	Entered at Salem, Oregon JUN. 7 l990


				By Donna Garaventa