BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH92067

	Plaintiff			)

					)

					)  Citation No: P976201392

	Defendant			)

O'BRIEN & SON LOGGING			)  OPINION AND ORDER



Hearing convened and closed on August 7, 1992 in Salem, Oregon.
Plaintiff, Oregon Occupational Safety and Health Division (OR
OSHA), was represented by Assistant Attorney General Norm
Kelley. The defendant, O'Brien & Sons Logging, made no
appearance. Business Support Services recorded the proceedings.



                           ISSUES



Defendant challenges OR OSHA's citation number P976201392 issued
to defendant on December 11, 1991. At hearing, OR OSHA amended
the citation by changing the administrative rule reference from
OAR 437-56-025(9) to OAR 437-57-153. I allowed the amendment
because the two rules, in substance, prohibit the same conduct.



                         FINDINGS OF FACT



On November 14, 1991, Safety Compliance Officer Michael
Patterson (SCO) inspected the employer's worsksite on Rust Road
3 miles west of Blachly, Oregon. Defendant was engaged in
performing cable logging. Four workers were on the site. That
included two partners in the business and two employees.



The counterbalance of a log loader had a clearance of less than
three feet (actually about six inches) between its
counterbalance and a dirt bank. Similarly, when the log loader
swung around, there was less than three feet of clearance
between its counterbalance and a yarder. One worker was exposed
to this hazard; however, for the most part, he worked away from
the hazard. Because the worker spent little time in the area,
this hazard caused a low probability of an accident. However, if
a worker were pinned between the counterbalance and either the
bank or the yarder, it could result in death. This hazard was
corrected immediately. The employer has a lost work day average
lower than the industry average.



The "crummy" which was used to transport workers did not have a
screen between the passengers and items in the back of the
crummy. These items included a fire extinguisher, a pipe wrench
and wire rope. If the crummy had to stop quickly these items
could strike a passenger on the head causing cuts or bruises.
There is a low probability of such an accident. However, the
injuries could be serious.



                CONCLUSIONS OF LAW AND OPINION



OAR 437-80-220(14) requires that at least three feet of
clearance be maintained between the rotating superstructure of
any logging machine and any adjacent object or surface. This
regulation was violated. Given the low probability of a deadly
accident plus the immediate correction of this hazard and the
defendant's low lost work day average, the penalty of $500 is
appropriate.



OAR 437-57-153 requires that passengers be protected from
unsecured tools and equipment. This regulation was violated.
Given the low probability of a serious accident and the
defendant's low lost work day average, the penalty of $105 is
appropriate.



                         ORDER



The citation dated December 11, 1991, as amended at hearing, 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 AUG. 12 1992 



				WORKERS' COMPENSATION BOARD

				Raymond W. Myers, Referee