BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH92005

	Plaintiff			)

					)  Citation No: D477500692

					)

	Defendant			)

TOM BLAYLOCK INC			)  OPINION AND ORDER



Hearing convened and closed on May 14, 1992 in Salem, Oregon.
Plaintiff, Oregon Occupational Safety and Health Division (OR
OSHA) was represented by Assistant Attorney General Armonica
Gilford. The employer was represented by its President, Tom
Blaylock. Business Support Services recorded the proceedings.



                          ISSUE



The employer contests Citation No. D477500692 issued by OR OSHA
on November 8, 1991. The employer contests the sole item in the
citation (Item 1-1) contending that it did not violate the rule
under which it was cited.



                      FINDINGS OF FACT



On October 16, 1991, the employer had a crew consisting of a
supervisor and three workers reroofing the D-Sands Motel in
Lincoln City. On that date, Sam Drill, a Safety Compliance
Officer (SCO) for OR OSHA received radio instructions to inspect
that job because people were allegedly on the roof without fall
protection.



When the SCO arrived at the site, no one was on the roof. The
crew had just returned from buying rain gear. The fall
protection in use was consistent with OSHA regulations. However,
the SCO determined that the crew did not have a first aid kit in
any vehicle on the site. The supervisor and the workers were
aware of the need for a first aid kit. They did not have a first
aid kit because the vehicle in which they expected to have one
was being repaired. The first aid kit for the vehicle which they
had on the site had been use  at home and left there by one of
the employees.



The SCO cited the employer for failure to have a first aid kit
available. After the citation, the employer ascertained that the
motel had first aid kits and that the general contractor said he
had a first aid kit.



The employer was previously cited for a violation of the same
regulation on December 11, 1990. That citation is final.



                CONCLUSIONS OF LAW AND OPINION



29 CFR 1926.50(d)(1) which is a part of the safety rules
applicable to the employer requires that a physician approved
first-aid kit be "easily accessible." The employer argues that
first-aid kits were accessible through the motel and the general
contractor. I do not accept that argument.



It was apparent from Tom Blaylock's testimony, Steve Blaylock's
testimony and Sam Drill's testimony, that the employer and its
workers knew nothing about first-aid kits available through the
motel or the general contractor until after the citation. I do
not see how these kits can be considered "easily accessible" if
the affected employees did not even know of their existence.



There is no doubt that there was no first-aid kit available to
the employees. The fact that the employer has tried to comply
with this regulation speaks well for it; nonetheless, it failed
to comply in this instance. The citation will be upheld.



                           ORDER



The Citation of November 8, 1991 is upheld in its entirety.



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 Salem, Oregon on May 22, 1992, 



				WORKERS' COMPENSATION BOARD

				Raymond W. Myers

				Referee