Oregon Department of Consumer and Business Services, Oregon Occupational Safety and Health Division

Rule Rule 437-001-0270
Discretion To Prevent a Manifest Injustice


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.


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.


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


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


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


The date the request was posted or service was made; and


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


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

Last accessed
Jun. 8, 2021