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. 06-1990 

AKM LLC d/b/a Yolks Constructors, 

Respondent. 

BRIEFING NOTICE 

The issues that follow have been identified by the Review Commission as those 

of particular interest on review. The parties, however, are free to brief issues that are 

presented in the Petition(s) for Discretionary Review in addition to those enumerated 

below. 

(1) Did the judge err in holding that Items 1-5 of Citation 2 were not timebarred by section 9( c) of the Occupational Safety and Health Act ("the 

Act"), 29 U.S.C. § 658(c)? 

(2) (a) As to Items 2 and 5 of Citation 2, did the judge err in holding that 

either or both of these items were not time-barred where the specific time 

period under 29 C.F.R. § 1904.29 (b)(3) and 29 C.F.R. § 1904.32(b)(6), 

the cited provisions, had expired before the six-month limitations period 

set forth in section 9( c) of the Act? 

(b) Of what relevance are the obligations to (1) review OSHA log entries 

at the end of the year "as extensively as necessary to make sure that they 

are complete and correct" (29 C.F .R. § 1904.32(b)(1)); (2) retain the 

OSHA log for five years (29 C.F.R. § 1904.33(a)); and (3) update the log 

during the retention period (29 C.F.R. § 1904.33(b)(1))? 

(3) As to Item 1 of Citation 2, did the judge err in affirming a violation of 

29 C.F.R. § 1904.29(b )(2) where each recordable injury or illness had not 

been entered on the OSHA 300 Log? If not, where an employer fails to 
complete both the OSHA 300 Log and the OSHA 301 Incident Report for 

each recordable injury or illness, is citation of 29 C.F.R. § 1904.29(b )(2) 

duplicative of 29 C.F.R. § 1904.29(b)(3)? 

The parties are advised that when the merits or characterization of an item are 

before the Commission for review, the appropriateness of the penalty is also subject to 

reVIew. Accordingly, the parties may address the amount of the penalty if they so 

choose. 

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 therefore 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. 

Dated: October 18, 2007 

BY DIRECTION OF THE COMMISSION 

!?~ IJ. C)~ili:. Ray H. Darling, Jr. 

Executive Secretary 

1 The Commission requests that all briefs include an alphabetical table of authorities with 

references to the pages on which the authorities 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, 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. 

2 
06-1990 

NOTICE IS GIVEN TO THE FOLLOWING: 

Michael P. Doyle, Counsel for Appellate Litigation 

Charles F. James, Counsel for Appellate Litigation 

Office of the Solicitor, U.S. DOL 

Room S4004 

200 Constitution Ave., N.W. 

Washington, D.C. 20210 

Arthur G. Sapper, Esq. 

Robert C. Gombar, Esq. 

James A. Lastowka, Esq. 

McDermott Will & Emery LLP 

600 13th Street, N.W. 

Washington, D.C. 20005