United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

                                  1120 20th Street, N.W., Ninth Floor

                                        Washington, DC 20036-3457

 

 

 

BRIEFING NOTICE

The parties are requested to brief the following issues:

  1. (1)With respect to Citation 1, Item 6, which alleges a violation of 29 C.F.R. § 1910.147(c)(6)(ii) (certification that periodic inspection of energy control procedures performed), whether the judge erred in concluding that Respondent failed to comply with the cited provision’s requirements. 

  2. (2)With respect to Citation 1, Item 8, which alleges a violation of 29 C.F.R. § 1910.147(c)(8) (lockout or tagout performed only by authorized employees performing servicing and maintenance), whether the judge erred in concluding that Respondent failed to comply with the cited provision’s requirements.  In addressing this issue, the parties should specifically discuss what the provision’s language requires and how it relates to the alleged violative conduct. 

The parties are advised that when a case is directed for review to consider either the merits or characterization of an item, the appropriateness of the penalty is also subject to review.  Accordingly, the parties may address the amount of the penalty if they so choose.

All briefs are to be filed in accordance with Commission Rule 93.1  The first brief is to be filed within 40 days of this notice.  A party not intending to file a brief shall notify the Commission in accordance with Commission Rule 93.  The time for filing any responsive briefs (or letters filed in lieu of briefs) shall commence on the date of service.

 

                                                BY DIRECTION OF THE COMMISSION

 

 

 

 

Dated: June 21, 2022                                /s/________________________________

                                                John X. Cerveny

                                                Executive Secretary

 

1 The Commission requests that all briefs include an alphabetical table of authorities with references to the pages on which they are cited, and that an asterisk be placed in the left-hand margin of the table to indicate those authorities on which the brief principally relies.  The Commission also requests that copies of cited authority, other than statutes, regulations, case law, law journal articles, and legal treatises, be provided to the Commission and to the opposing party.  Parties should be cautioned that these materials will be considered only if appropriate.