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.
  
  CHARLES W. MASON, DDS &
  ASSOCIATES, PLLC
  
               Respondent.
  
  
  
  OSHRC Docket No. 10-2313
  
  
                      BRIEFING NOTICE
       The Commission requests that the parties brief the following issues:
       (1)                                                    Did the judge err in affirming Citation 1, Item 1, which alleged a violation of 29
       C.F.R.  1910.1200(h)(1) (hazardous chemical information and training)?  In
       addressing this question, the parties are asked to discuss: 
            (a)                                               the material safety data sheets for the substances at issue which set forth
            the chemical manufacturers' hazard determinations (see 29 C.F.R.
             1910.1200(d)(1) (hazard determination)); and 
            (b)                                               the training documents which Respondent claims show that its employees
            received hazardous chemical training on the substances at issue.
       (1)                                                    Did the judge err in affirming Citation 1, Item 3a, which alleged a violation of 29
       C.F.R.  1910.1030(d)(4)(iii)(A)(1) (contaminated sharps discarding and
       containment)?
  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.  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:     November 15, 2012            _/s/______________________________
                           Ray H. Darling, Jr.
                           Executive Secretary