BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
 Health Division			)  Docket No: SH92191

	Plaintiff,			)

	vs.				)  Citation: S536902491

S & K PAINTING, INC			)

	Defendant			)  OPINION AND ORDER



A hearing was held on January 15, 1993 in Portland, oregon.
Plaintiff was represented by Armonica M. Gilford. Defendant did
not appear.



                        ISSUES



This case involves defendant's request for hearing from a
citation (S536902491) issued by plaintiff on September 9, 1991
under the Oregon Safe Employment Act. Defendant's letter request
for hearing alleges inaccuracy of violation of all three items
listed in the citation.



                     FINDINGS OF FACT



Defendant is a painting company. On June 21, 1991 it was
painting the inside of a water tank for the Rockwood Water
District. Defendant had three employees present at the job site
that day.



The workers were spray painting the inside of the tank and were
using an epoxy paint with an LEL of 1 percent. Defendant did not
test the atmosphere inside the tank to determine if it had
become dangerous to life from the possibility of explosion or
the release of toxic materials.



The workers wore blasting helmets that were supplied with air
from a gas operated compressor located outside the tank. The
compressor did not have a carbon monoxide alarm.



The workers were working on the bottom portion of the tower,
which was about 35 feet from the floor. They used a ladder
inside the tank. When using the ladder, the workers did not have
ladder safety devices and climbed as high as 35 feet without
such protection.



                    OPINION AND CONCLUSION



Defendant is charged with violating OAR 437-2-053(7); OAR
437-129-035(2)(c); and OAR 437-03-001 (29 CFR
1926.1053(a)(19)(i)). The facts show that on June 21, 1991
defendant performed work at the Rockwood Water District water
tower in a manner that violated each of the cited standards. The
violations charged are affirmed.



Defendant did not specifically challenge the penalties that were
assessed. In any event, the findings by plaintiff of the
probability: low, Item 1-1; medium, Item 1-2; low, Item 1-3; and
the severity: death, Item 1-1; serious harm, Item 1-2; and
death, Item 1-3; are supported by the facts showing the nature
of the violations and the working conditions present on June 21,
1991. The penalties are affirmed.



                          ORDER



IT IS HEREBY ORDERED that Citation S536902491 is affirmed.



NOTICE TO ALL PARTIES: You are entitled to judicial review of
this Order. Proceedings for review are to be instituted by
filing a petition to the State Court Administrator, Record
Section, 1163 State Street, 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 FEB. 8, 1993



				ALBERT L. MENASHE, Referee