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


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 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 


---------------------------
[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.
[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.