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. 

 

EVERGREEN CONSTRUCTION 
COMPANY., 

 

 Respondent. 

 

 

 

OSHRC Docket No. 12-2385 



 

BRIEFING NOTICE 

 The Commission requests that the parties brief the following issue: 

Whether the judge erred in concluding that Respondent had knowledge of the 
violative condition (the subcontractor’s employees’ failure to use fall protection) 
with respect to the alleged violation of 29 C.F.R. § 1926.501(b)(1). In discussing 
knowledge, the parties may address whether the judge erred in the application of 
the multi-employer worksite doctrine. 

The parties are advised that when the merits and/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 

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. 

OSHRC Official Seal 



filing briefs (or similar notices of intent) of opposing parties shall commence on the date 
of service. 

 

 

BY DIRECTION OF THE COMMISSION 

 

 

 

Dated: October 24, 2014 /s/ 

John X. Cerveny 

Executive Secretary