BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety & 

Health Division				)  Docket No: SH91013

 	PLAINTIFF			)  CITATION NO D845908390

PLEW BOX & RECYCLING COMPANY		)

	DEFENDANT			)  OPINION AND ORDER



	A hearing was held and the record closed on November 6, 1991,
in Portland, Oregon, before the undersigned Referee.  The
plaintiff, Oregon OSHA, appeared through its attorney, Kevin
Schuba.  The defendant, Plew Box and Recycling Company, failed
to appear.  The court recorder was Curt Gumm.  Exhibits 1
through 16 were all received into evidence.



                              ISSUE



	The only issue is whether Citation #D845908390 is appropriate.



                       FINDINGS OF FACT



	The defendant, Plew Box and Recycling Company, operates a dump
box and recycling business at 10835 NE Holman St, Portland,
Oregon.  Lenora DeMenge, a Safety Compliance Officer for Oregon
OSHA, inspected the defendant's business premises on September
17 and 19, 1990.  The inspection revealed that the defendant was
in violation of some 20 aspects of the oregon Occupation Safety
and Health Standards in regards to the defendant's motor
vehicles, equipment, electrical provisions of the building,
notices for employees, operating permits, and fire
extinguishers.  On November 20, 1990, a Citation and Notice of
Penalty was issued to the defendant.  The defendant requested a
hearing but then failed to appear at this hearing.



	The Citation and Notice of Penalty should be approved.



                 CONCLUSIONS OF LAW AND OPINION



	The hearing commenced as scheduled despite the failure of the
defendant to appear.  OAR 438-85-810 provides that failure of a
party to appear at the hearing constitutes a waiver of all
rights except the right to be served a copy of the referee's
decision.



	Accordingly, the plaintiff offered 16 exhibits into evidence
together with testimony. 



	OAR 438-85-820 provides that the plaintiff, Oregon OSHA, has
the burden of proving that denied violations and reasonableness
of contested penalties are appropriate.  here the citation was
issued on November 20, 1990, which sets forth some 20 specific
violations of the Oregon Occupational Safety and Health
Standards.  There was substantial evidence presented which
clearly established that the defendant did violate the standards
in each and every respect and that the penalties are reasonable
and appropriate.  The preponderance of evidence leads me to
conclude therefore that Citation and Notice of Penalty dated
November 20, 1990, should be approved in all respects.



                           ORDER



	IT IS HEREBY ORDERED that Citation #D845908390, issued November
20, 1990, 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 State Court of Administrator, Record
Section, 1163 State St, Salem, OR 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 December 2, 1991 



				WORKERS COMPENSATION BOARD

				GARY N PETERSON, REFEREE