United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

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

                                        Washington, DC 20036-3457

 

 

SECRETARY OF LABOR,

 

Complainant,

 

v.

OSHRC Docket No. 20-0232

US CEILING CORP.,

 

Respondent.

 

 

BRIEFING NOTICE

        The parties are requested to brief whether the judge, in affirming the two violations at issue in this case, erred in finding the Secretary failed to establish the violations were serious and recharacterizing them as other-than-serious.  See 29 U.S.C. § 666(k).

The parties are advised that when a case is directed 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 penalty amount 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:        October 5, 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.