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. 12-1600

ENVISION WASTE SERVICES,

Respondent.

ORDER FOR SETTLEMENT & BRIEFING 

Respondent filed a petition seeking review of the judge’s decision in this case, and the 

matter was directed for review on February 10, 2014. As set forth below, the Commission is 

requesting briefs from the parties but holding the briefing schedule in abeyance for 45 days to 

allow the parties to pursue settlement.

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.

It is the Commission’s policy to “permit[] and encourage[]” settlement “at any stage of 

the proceedings.” Commission Rule 100(a), 29 C.F.R. § 2200.100(a). Before the hearing in this 

case, Respondent filed an uncontested motion requesting that the case be assigned to settlement 

proceedings.1

 The motion was denied. Consistent with Commission policy, the briefing 

schedule will be held in abeyance for 45 days from the date of this Order to allow the parties 

time to engage in settlement discussions. 

If the parties enter into a settlement agreement resolving any or all of the citation items 

during the abeyance period, they must submit the agreement to the Commission’s Executive 

 

1

 Respondent filed its motion pursuant to Commission Rule 120(b), 20 C.F.R. § 2200.120(b),

following the Secretary’s amendment of the citations at issue to increase the total proposed 

penalty from $34,300 to $231,000, i.e., above the $100,000 threshold for mandatory settlement 

proceedings. Commission Rule 120(b)(1), 29 C.F.R. § 2200.120(b)(1). There is no threshold 

amount for voluntary settlement proceedings under Commission Rule 120(a), 29 C.F.R. 

§ 2200.120(a). 
2

Secretary in accordance with Commission Rule 100(c), 29 C.F.R. § 2200.100(c), within 45 days 

of the date of this Order. If either or both parties decide to terminate settlement discussions prior 

to the expiration of the abeyance period, or are unable to reach agreement during this period, the 

parties must promptly inform the Commission, as well as each other. Once such notice has been 

received, or once the abeyance period expires without notice of a settlement, the Commission 

will issue an order lifting the abeyance and initiating the briefing schedule. At that time, all 

briefs will be filed in accordance with the following.2 

The opening briefs for both parties are to be filed simultaneously, within 40 days of the 

abeyance being lifted. 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. 

SO ORDERED. 

/s/ 

 Thomasina V. Rogers 

 Chairman 

 /s/ 

Cynthia L. Attwood 

Dated: February 24, 2014 Commissioner 

 

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.