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.

A.H. STURGILL ROOFING, INC.,

Respondent.

OSHRC Docket No. 13-0224

INVITATION TO FILE AMICUS CURIAE BRIEFS

The Commission invites any interested amici to brief any of the issues set forth in the 

attached Briefing Notice issued to the parties. Any amicus curiae briefs must be filed by April 

30, 2018, and otherwise in compliance with Commission Rule 93.1 Additionally, any briefs filed 

should identify the interest of the amicus and shall state the reasons why a brief of the amicus 

curiae is desirable. See Commission Rule 24. 

BY DIRECTION OF THE COMMISSION

Dated: March 20, 2018 /s/

John X. Cerveny

Executive Secretary

 

1 The Commission also 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 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 parties. Amici are

cautioned that these materials will be considered only if appropriate.
 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. 13-0224

A.H. STURGILL ROOFING, INC.

Respondent.

BRIEFING NOTICE

The parties are requested to brief all issues presented in the Respondent’s Petition for 

Discretionary Review, including, but not limited to: 

Whether an employer’s knowledge or lack of knowledge of its employees’ underlying 

health conditions or ages, and any legal restrictions upon the employer in obtaining such 

information, are relevant to the Secretary’s burden to establish a violation of the general 

duty clause in this case.

Whether the judge miscalculated the heat index on the day in question and, if so, whether 

the Secretary established the existence of a hazard even if the heat index remained in the 

lowest “caution” quadrant.

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 93.2 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 

 

2 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 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

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: April 8, 2015 /s/

 John X. Cerveny

 Executive Secretary