BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH92303

	Plaintiff,			)  Citation No. V158904692

		vs.			)

					)

NOVI DEVELOPMENT CORP.			) 

	Defendant			)  OPINION AND ORDER



A hearing was held on March 9, 1993 in Portland, Oregon. Novi
Development did not appear. Oregon Occupational Safety and
Health Division was represented by Norman Kelly. Novi
Development is charged with violations of OAR 437-40-030(2)(c);
OAR 437-03-001, 29 CFR 1926.500(d)(1); OAR 437-3-040(1); OAR
437-40-047(1), and OAR 437-40-047(5)(a), all contained within
citation number V158904692



Based on the documents in the record, including the pictures
taken at the time of a March 25, 1992 inspection by compliance
officer Vorhauer and the compliance officer's report, the
Occupational Safety and Health Division has alleged violations
as noted above and issued a Citation and Notice of Penalty.



Based upon the testimony of compliance officer Vorhauer, the
documentary evidence, the photographs, and the officer's
analysis of how he arrived at the penalty, I conclude that there
is sufficient evidence to establish that this was not a safe
work site, that the violation as alleged existed and that the
assessed penalties for the violations are appropriate.



                            ORDER



NOW, THEREFORE, IT IS HEREBY ORDERED that Citation No.
V158904692 be and hereby is affirmed 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 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 MARCH 25, 1993 



				WORKERS' COMPENSATION BOARD

				By Ronald J. Podnar, Referee