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. 08-1774ANGELICA TEXTILE SERVICES, INC., Respondent.



BRIEFING NOTICE

	The parties are requested to brief all issues presented in the Complainant’s Petition for Discretionary Review and Respondent’s Statement in Opposition to the Petition for Discretionary Review.  In particular, the parties are asked to address whether the judge erred in vacating Repeat Citation 1, Item 2b instances (b) and (c) and Item 8, which allege violations of 29 C.F.R. § 1910.146(d)(3) (permit-required confined space program) and 29 C.F.R. § 1910.147(c)(4)(ii) (energy control procedure), respectively.  The parties are also asked to discuss the characterization of these items.  

      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:  October 16, 2012	_/s/______________________________
	John X. Cerveny
	Deputy 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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