WCB Case No. This is a contested case under the oregon Safe Employment Act, ORS 654.001 through 654.295 and 654.991, hereinafter referred to as the Act. CO85104989, issued by plaintiff on March 3, 1989.
Employer contests both the fact of the violation and the amount of the assessed penalty.
In the West Yard, the swing shift loading staff consisted of three supervisory employees, Ray Horner driving a forklift, Edgar Dwight driving a loader and helping set blocks, and Cecil Wallace Purcell, known as Wally, also setting blocks. The strike had been in progress for three weeks, and these employees, sometimes with a clerical helper for the paperwork, had been performing these jobs, on this shift, for those three weeks. Mr. Horner was driving the forklift, Mr. Dwight was driving the straddle carrier, and Mr. Purcell was working as a blocksetter. It was a cold afternoon and there was snow on the ground and snow on top of the lumber stacked in the yard. Mr. Horner would drive the forklift about 200 yards, pick up three units of two by fours, back to the scale with his load, weigh it, and then move forward.