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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. 12-1324

THE DAVEY TREE EXPERT COMPANY,

 

Respondent.

 

 

BRIEFING NOTICE

The Commission requests that the parties brief the issue of whether the judge erred in concluding that 29 C.F.R. § 1910.266(d)(2)(ii) (first-aid kits in logging operations) and 29 C.F.R. § 1910.266(d)(6)(i) (work areas in logging operations) did not apply to the cited condition. In so doing, the parties should address the standard’s definition of “logging operations” in its entirety, including the phrase “to the point of delivery.” 29 C.F.R. § 1910.266(c).

All briefs are to be filed in accordance with Commission Rule 93. Footnote 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: February 28, 2014                              /s/                                                                    

                                                                        John X. Cerveny

                                                                        Acting Executive Secretary