BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH90139

	Plaintiff			)             SH90074

					)  Citation No. C573001990

KAY BURGETT,				)               C573001890

					)  OPINION AND ORDER



Hearing convened and closed in Medford, Oregon on April 14,
1993. The plaintiff, Oregon Occupational Health & Safety
Division was represented by Assistant Attorney General Norm
Kelley. The employer, Kay Burgett did not appear.



The issues are:



(1) In WCB Case No. SH90074, the propriety of Citation and
Notice of Penalty No. C573001890, dated January 26, 1990.



(2) In WCB Case No. SH90139, the propriety of Citation and
Notice of Penalty No. C573001990, dated January 22, 1990.



                          FINDINGS



Based upon a preponderance of the evidence, I find:



(1) Senior Safety Compliance Officer Cliff Crawford conducted an
inspection on November 22, 1989 at the employer's place of
business, near Klamath Falls, Oregon. The documentary record
submitted by plaintiff and Mr. Crawford's testimony establishes
prima facia violations involving tree cutting practices and
inadequate guard/equipment.



(2) On November 28, 1989, Mr. Crawford conducted a second
inspection and found that equipment, training and safety
violations had not been corrected.



(3) Between the respective inspection dates and January 22 and
January 26, 1990, Mr. Crawford evaluated the probability of
occurrence and the severity of each violation based on his own
experience as a safety compliance officer and ex-logger for 20
years.



               ULTIMATE FINDING OF FACT



Employer violated standards enumerated in Citation Nos.
C5730-019-90 and C5730-018-90.



                         OPINION



The State has proven the violations enumerated and the
probability of the severity of each. The citations are affirmed.



IT IS SO ORDERED.



NOTICE TO ALL PARTIES: If you are dissatisfied with this Order,
you may, not later than sixty (60) days after the mailing date
on this Order, request a review by the Court of Appeals, Third
Floor, Justice Building, Salem, OR 97310, pursuant to ORS
183.480, 482. A request for review shall be mailed to the Court
of Appeals at the above address with copies of such request
mailed to all other parties to this proceeding. Failure to mail
such a request for review within six (60) days after the mailing
date of this Order will result in LOSS OF RIGHT TO APPEAL FROM
THIS ORDER



	Entered at Medford, Oregon on May 5, 1993 



				WORKERS' COMPENSATION BOARD

				Stephen D. Brown, Referee