This is a contested case under the Oregon Safe Employment Act, ORS 654.001 to 654.295 and 654.991. Three were spike topped second growth fir snags in front of the yarder. Employes are required to work in these areas, and there is no way work could be arranged so that employes would be constantly in the clear of these danger trees. There was no objection to the motion and it was granted. No. R496001089, issued by APD on November lO, 1988.
Defendant denies each and every allegation.
All were received. Forrest A. Sapp testified on behalf of Sapp Brothers Logging. Three second growth fir snags, which appeared to be partially or totally damaged, were present in the work area. All had spike tops and were located where guyline stumps would be notched and used. They were not leaning and were on slopes in which the prevailing winds would have blown them in the direction away from the stumps.