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 Nos. 08-0316 & 08-0317CRANESVILLE BLOCK COMPANY, INC., Respondent.
BRIEFING NOTICE
      The Commission requests that the parties brief the following issues.
      Docket No. 08-0316
(1) In affirming Items 2a and 2b of Citation 1, and Items 1a and 1b of Citation 2, did the judge err in concluding that respiratory protection prescribed by 29 C.F.R. § 1910.134(a)(2) was required for the employee who wore a dust mask while working in the dust collection system?
If the judge correctly concluded that such respiratory protection was required, in affirming Item 1b of Citation 2, did the judge err by considering the employee’s exposure to silica and dust “while chipping in the mixer drum,” which was not referenced in the citation item?
(2) With respect to Item 2a of Citation 1, did the judge err in characterizing Respondent’s violation of § 1910.134(a)(2) as willful?
	Docket No. 08-0317
(1)	In affirming Item 1 of Citation 1, did the judge err in concluding that the lack of
stop blocks presented a hazard under section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1)?
      The parties are advised that when the merits or characterization of an item are before the Commission for review, 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 who does not intend to file a brief must notify the Commission in writing setting forth the reason therefor within the applicable time for filing briefs, and shall serve a copy on all other parties.  The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service.

						BY DIRECTION OF THE COMMISSION



Dated:	12/28/10				__/s/______________________________
						Ray H. Darling, Jr.
						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, 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.

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