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. 08-1656 CENTRAL FLORIDA EQUIPMENT RENTALS, INC., Respondent. BRIEFING NOTICE The Review Commission requests that the parties brief the following issues: (1) Did the judge err in finding that “a reasonable person familiar with the circumstances of the industry would have recognized that driving the CAT along the berm constituted a hazard”? (2) Did the judge err in finding that Respondent’s use of the CAT along the berm was an obvious hazard? (3) Did the judge err in rejecting Respondent’s argument that 29 C.F.R. § 1926.602(a)(3)(i) is unconstitutionally vague as applied in this case? In addressing these questions, the parties are asked to discuss relevant Commission and circuit court precedent.1 All briefs are to be filed in accordance with Commission Rule 93.2 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: 10-22-2010 _______________________________ Ray H. Darling, Jr. Executive Secretary 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. 2 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. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2