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.

 

TNT CRANE & RIGGING, INC.,

 

                              Respondent.

 

 

 

OSHRC Docket No. 16-1587

BRIEFING NOTICE (EXPEDITED SCHEDULE)

            The parties are requested to brief the issues presented in the Secretary’s petition for discretionary review.  The parties are advised that when a case is directed for review to consider either the merits or characterization of an item, the appropriateness of the penalty is also subject to review.  Accordingly, the parties may address the amount of the penalty if they so choose.

The briefing schedule will be simultaneous and expedited as follows.  Briefs are due from both parties by November 29, 2018, and reply briefs are due from both parties by December 14, 2018.  Briefs shall otherwise be filed in accordance with Commission Rule 93.[1]  A party not intending to file a brief shall notify the Commission in writing within the applicable time for filing briefs, and shall serve a copy of said notice on all other parties.  Due to the expedited nature of the briefing schedule, requests for extensions of time for filing briefs are strongly discouraged. 

                                                            BY DIRECTION OF THE COMMISSION

 

                                                            JOHN X. CERVENY

                                                            EXECUTIVE SECRETARY

 

Dated: October 30, 2018                                 /s/                                          

Susan M. Chagrin

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, regulations, 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.