Or. Admin. Code § 437-001-0270 - Discretion To Prevent a Manifest Injustice

(1) To prevent a manifest injustice, the Administrator, at the Administrator's own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order.

(2) If the Administrator proposes to vacate or amend a Division citation, notice, or order, an opportunity to be heard will be given to persons, including affected employees, whose rights may be affected.

(3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following:

(a) The request has been posted as required by OAR 437-001-0275(2);

(b) The request has been served on the authorized representative of affected employees, if appropriate;

(c) The date the request was posted or service was made; and

(d) All affected employees have been advised of their right to comment.

(4) No decision shall be made on a manifest injustice request until 10 days after the date of posting or service.

Notes

Or. Admin. Code § 437-001-0270

WCD 5-1978, f. 6-22-78, ef. 8-15-78; WCD 6-1982, f. 6-28-82, ef. 8-1-82; WCD 3-1983, f. 1-31-83, ef. 2-1-82; APD 7-1988, f. 6-17-88, ef. 7-1-74; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OSHA 6-2003, f. & cert. ef. 11-26-03; OSHA 7-2006, f. & cert. ef. 9-6-06; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018

Statutory/Other Authority: 656.726(4) & ORS 654.025(2)

Statutes/Other Implemented: ORS 654.001 - 654.295