Court of Appeals of Oregon August 3, 1983, SH-81-420; A26322 (Accident Prevention Division v. Hoffman Construction Co.)

JOSEPH, C. J.

The issue in this case is whether an employer can be cited for a “repeat violation” of an occupational safety standard promulgated by the Workers’ Compensation Department under the Oregon Safe Employment Act, ORS 654.001 to 654.295, while the citation for the prior violation is being contested by the employer and had not yet been upheld by a final order.