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. 09-1901SEWARD SHIP’S DRYDOCK, INC.,
            Respondent.


SUPPLEMENTAL BRIEFING NOTICE

      The Commission requests that the parties address the applicability of 29 C.F.R. § 1910.134(d)(1)(iii), the cited respiratory protection provision, to the circumstances at issue.  In particular, the parties are asked to address whether the requirement to “identify and evaluate the respiratory hazard(s) in the workplace” under § 1910.134(d)(1)(iii) is contingent on the Secretary showing that respirators were “necessary to protect the health of [Respondent’s] employee[s]” under § 1910.134(a)(2).  If so, did the Secretary make the requisite showing?

      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:  April 17, 2013			/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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