United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

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

Washington, DC 20036-3457

BRIEFING NOTICE

The Commission requests that the parties brief whether the judge erred in finding that a feasible means of abatement existed to eliminate or materially reduce the hazard alleged under section 5(a)(1) of the Occupational Safety and Health Act. 29 U.S.C. § 654(a)(1).

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

    BY DIRECTION OF THE COMMISION

Dated: September 14, 2017      /s/          

            John X. Cerveny

            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 party 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 the opposing party. Parties should be cautioned that these materials will be considered only if appropriate.