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

Rule Rule 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 (Posting Requirements)(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.
Source

Last accessed
Jun. 8, 2021