BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
 Health Division			)  Docket No: SH90189

	Plaintiff,			)

		vs.			)  Citation No. C527103890

MASSIH CONSTRUCTION			) 

	Defendant			)  OPINION AND ORDER



	A hearing was held on April 12, 1991 in Portland, Oregon.
Massih Construction did not appear. Oregon Occupational Safety
and Health Division was represented by Armonica M. Gilford.



	Massih Construction was charged with violations of 29 CFR
1926.451(d)(10), OAR 437-3-070(2), 29 CFR 1926.451(a)(13) and 29
CFR 1926.50(c).



	Based on the documents in the record including the pictures
taken at the time of an April 14, 1990 inspection by Compliance
Officer Camfield and the compliance officer's testimony, the
Occupational Safety and Health Division has shown violations of
29 CFR 1926.451(d)(10), OAR 437-03-070(2) and 29 CFR 1926.50(c).
The Compliance Officer determined the probability of injury was
low and that is consistent with the degree of danger apparent
from review of the pictures. Employees were working at a height
of 15 feet and serious injury or death reasonably could occur
from a fall at that height. The assessed penalty for the
violations are appropriate.



	29 CFR 1926.451(a)(13) requires that an access ladder or
equivalent safe access shall be provided when working on
scaffolding. Exhibit 5 shows that the scaffolding had a built-in
ladder. The built-in apparatus was a ladder or its equivalent. 



	There is insufficient evidence to establish this was not safe
access to the work site.



                        ORDER



	IT IS HEREBY ORDERED that:



1. Items 1-1, 1-2 and 2-4 of Citation C 527103890 are affirmed.



2. Item 1-3 of Citation C 527103890 is vacated.



	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 MAY 10 1991 



				WORKERS' COMPENSATION BOARD

				By Albert L. Menashe

				Referee