During the summer of 1994, defendant contracted to repair a water tank for Weyerhaeuser Company. No training is provided for entering confined spaces. Employees are provided with Certificates of Training provided three years ago when the current employees were not working at the Company. There is no set confined space entry program, no fit testing for respirators. An airline respirator is being used, no testing done on compressor, no alarms.
Employees are sand blasting the inside of the tank with silica, no hazard communications program.
Because defendant's employees were unavailable on the day of the complaint, OR-OSHA's compliance officer did not commen ce his investigation until October 21, 1994. That investigation resulted in the issuance of three citations on April 3, 1995. The ALJ's order is deemed to be the final order of the Board. The ALJ then ruled on the merits in OR-OSHA's favor on the first and third citations and in favor of defendant on the second. Defendant assigns error to the Board's denial of its motion to dismiss.