COMMISSION ISSUES BRIEFING NOTICE AND INVITATION TO FILE

AMICI CURIAE BRIEFS IN INTEGRA HEALTH MANAGEMENT, INC.

The Occupational Safety and Health Review Commission seeks briefs from the parties and interested Amici on the issues raised under the Occupational Safety and Health Act’s General Duty Clause in Integra Health Management, Inc., which is currently pending review before the Commission. See OSH Act § 5(a)(1), 29 U.S.C. § 654(a)(1).

The parties and interested Amici are directed to address the issues delineated in the Commission’s Briefing Notice, as follows:

The Commission requests that the parties and interested amici brief the issues raised in the petition for discretionary review.

The parties and amici should also address the following questions:

Does the general duty clause apply to the condition as alleged by the Secretary—the workplace violence hazard of “[Respondent’s employees] being physically assaulted by [Respondent’s clients (known as ‘members’)]” alleged to have “a history of violent behavior”?

If so, did the Secretary establish that Respondent or its industry recognized the hazard and that a feasible and effective means of abatement existed to materially reduce the hazard?

In addition, the parties may address the effect, if any, of OSHA’s Guidance for Preventing Workplace Violence for Healthcare and Social Service Workers.