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 presented in the petitions for discretionary review:

(1)  Whether the judge erred in finding that Respondents were not a “single entity.”

(2)  Whether the judge erred in finding that the Secretary established a feasible and effective means of abatement.

(3)  Whether the judge erred in recharacterizing the violation from “repeat” to “serious.” See Angelica Textile Servs., Inc., 27 BNA OSHC 1246, 1254-59 (No. 08-1774, 2018), appeal filed, No. 18-2831, (2d Cir. Sept. 21, 2018).

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:   March 25, 2020        _/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.