United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

ORDER LIFTING ABEYANCE

Respondent filed a petition seeking review of the judge’s decision in this case, and on February 10, 2014, the matter was directed for review. Two weeks later, on February 24, 2014, the Commission issued an “Order for Settlement & Briefing,” which held the briefing schedule in abeyance for 45 days to allow the parties to pursue settlement. The abeyance is now lifted.

As noted in the previous order, briefs are requested on all of the issues raised in Respondent’s petition, including the merits of the affirmed items and the characterization of the items affirmed as willful. Also, the Commission requests that the parties address the appropriateness and amounts of the assessed penalties.

The opening briefs for both parties are to be filed simultaneously by May 27, 2014. The reply briefs for both parties are to be filed simultaneously, within 30 days after the opening briefs are filed. The length of each opening brief may not exceed 45 pages of text, and the length of each reply brief may not exceed 25 pages of text. 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.

BY DIRECTION OF THE COMMISSION

Dated:April 16, 2014                                       /s/

                                                                        John X. Cerveny

                                                                        Acting Executive Secretary