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    Kokosing Citations

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    Jason Williams
    OSHA Hopple Street report

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    Kokosing Citations

    Uploaded by

    Jason Williams
    16K views14 pages
    OSHA Hopple Street report

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    © © All Rights Reserved

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    OSHA Hopple Street report

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
    16K views14 pages

    Kokosing Citations

    Uploaded by

    Jason Williams
    OSHA Hopple Street report

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
    of 14
    US.Depariment of Labor Oscistonal Safty and Health Administration Cincinnati Ares Ofce 36"Tange Park Drive ‘Cacia, Oso 452463411, Grysarase OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter OSHA No. ( ‘okosing Construction Company, Ine. 1020076 INFORMAL SETTLEMENT AGREEMENT ‘The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and , which were issued on July 15, 2015, hereby agree as follows: 1, The Employer agrees to correct the violations as cited in the above citations or as amended below and to provide this office with verification of abatement in accordance with 29 CFR 1903.19. 2. The Employer agrees to pay the total penalty of $14,000.00 by August 31, 2015 or in accordance with the below payment plan. If the penalty is not paid under the terms of this agreement, the ‘original total proposed penalty will become due and payable immediately plus any administrative fees, interest, and penalties, incurred thereafter. See Attachment A for payment instruetion, This is your notification of payment due. No other statement or bill will be sent. 3. The Employer and OSHA agree that the following citations and penalties, if any, are being amended as shown. Citations and penalties not referenced below remain unchanged: Citation 1, Item 1, the penalty will remain unchanged and the AVD will be amended to: On or about January 19, 2015 employees were potentially exposed to crushing and/or struck by hazards in the working surface where the Komatsu PC 400 LC tracked excavator was performing demolition operations was not of sufficient strength ‘to support the equipment due to the engineering error. Citation 1, Item 2, will be amended to 1926.850(a):, -On ot about January 19, 2015 the engineering survey for the demolition of the Hopple Street Ramp D Bridge wes inadequate in that is did not account for the fact that it was a double hinged bridge. ‘The employer agrees to utilize a 3" party engineering firm for a duration of five years to conduct bridge demolition engineering surveys. ‘The Employer, by signing this agreement, hereby rights to contest the above citation(s) and penalties, as referenced in paragraph 3 of this Agreement. Each party agrees to bear its own fees and expenses incurred in connection with any stage of this proceeding. ‘The Employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. ‘The Employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated to the Act. 8, Except for these proceedings, and matters arising out of these proceedings, and any other subsequent OSHA proceedings between the parties, none of the foregoing agreements, statements, findings and actions taken by the Employer shall be ‘deemed an admission by the Employer of the allegations contained within the Citations and Notifications of Penalty. ZL, ea is R. anv For the Occupational Safety and ykosing Construction Health Administration ‘Company, Inc. Ken E. Montgomery Area Director - 2 thshs Daie Date NOTICE TO EMPLOYEES ‘The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable, Any contest to the abatement dates of the citations amended in paragraph 3, of this Settlement Agreement must be mailed to the U. S. Department of Labor Area office at ULS. Department of Labor-OSHA 36 Triangle Park Drive Cincinnati, Ohio 45246 Phone: 513-841-4132 Within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement, you or your representative also have the right to object to any of the abatement dates set for in violations which were not amended, provided that the objection is, mailed to the office shown above within the 15 working day petiod established by the original citation. Attachment A Payment Instruction Addendum To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested penalties. Make your check ‘or money order payable to: “DOL-OSHA”. Please dicate OSHA’s Inspection Number on the remittance. You can alsc make your payment electronically on www.pay.gov by searching for the public forms by form name - OSHA Penalty Payment Form. ‘The direct link is hitps://www.pay. gov/forms/formInstance.htm! ?agencyF ormld=53090334. ‘You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $50,000 or ‘more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170, ‘OSHA does not agree to any restrictions or conditions or endorsements put ‘on any check, money order, or electronic payment for less than the full amount due, and will cash the check or money orde-as if these restrictions or conditions do not exist. If you have additional questions, please contact our office at 513-841-4132. U.S. Department of Labor (Occupational Safesyand Health Administration 136 Triangle Park vive Cincinnati, 1 45246 Phone: $13-841-4132 Fax: S13-841-4114 (Ge) Citation and Notification of Penalty To: Inspection Number: 1020076 Kokosing Censtuction Company, In. Inspection Date(s) 01/202015 - 07/13/2015 and its suecesors Issuance Date 07/15/2015 386 McKinley Ave. (Columbus, CH 43222 Inspection Site: ‘The vilaton() described inthis Citation andl Hoppe Steet Bridge Nottication of Pesalty is are) alleged to have ODOT Proje:t #1546 ‘ceurred om or abd the day(s) the inspection was Cincinnati, OH 45225 ‘made wales othersise indicated within the description given below. ‘This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. Te penaly(es iste herein is (are) based on these violations. You mst abate the violations referred to inthis Citation bythe dats listed end pay the penalties proposed, unless within 15 working days (excluding weekends and Fedral holidays) fiom your eeceipt of this Citation and Notifeation of Penalty you either call ro schedule an informal conference (ee paragraph below) of you mail a notice of contest 19 the US. Department of Labor Area Office at the address shown above, Pleas referto the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should ve read in conjunetion with his form, Isuance ofthis Citation doesnot constitute a finding that avolation ofthe Act has occurred unless there isa file to contest as proved fo inthe Actor, if entested, unless this Citat oni affirmed bythe Review Commission ora court, Posting - The law requires that a copy ofthis Citation and Natiieaton of Penihy be poste immediately in a prominent place at or ner te location ofthe violation) cited herein, o, iit snot practicable because ofthe nature ofthe employe’ operations, where it wil be eaily observable by all afeted employees, This Citation ‘must remain posted until the violaton(s) cited herein has (have) been abated, orfor 3 working days (excluding ‘weekends and Federal holidays), whichever i longer Informal Conference ~ An informal conference is not requted, However if you wish ta have sucha conference you may’ request one with the Area Director during the |S working éay contest period. During such an informal conference you may present any evidence or Views which you believe would suppor an adjustment to the citation(s) andlor penaly(es). saad aie oO I you are considering a request for an informal conference to dfkcuss any issues related to this Citation end "Notification of Penalty. you must ake care to schedule it early enough to allaw time to contest after the informal conference, should you devise 1 do so. Please keep in mind theta writen lete of intent vo contest must be submited to the Area Director within 15 working days of your receipt ofthis Citation, The unning of this contest period is nt interrupted by an informal conference, I you decide to request an informal conference, plese complete, remove and pos the Notice to Employees next to this Citation and Notification of Penalty a8 Soon as the time, dite, an place ofthe informal conference have been determined. Be sue to bring tthe conference any and all supporting documentation of existing eondtions a5 well as any abatement steps taken thus fa. If conditions warrant, we ean enter ito an informal setlement agreement which amicably resolves this matter without Iitgaton or contest Right to Contest ~ You have the right to contest this Citation and Notification of Penalty. You may contest allcitation items or only individual tems. You may aso contest proposed penalties and/or abatement dates ‘without contesting the tnderying violations. Unless vu inform the Area Director in writing that you intend {o.ontest the citation(s) and/or proposed penalties) within 1S working days after receipt, the citation(s) nd _the proposed penalties) will become a final order ofthe Occupational Safety and Health Review ‘Commission and may not be reviewed by am Penalty Payment — Penalties are de within 18 working days of receipt of thie notification unless contested. (See the enclosed booklet and the addtional information provided related tothe Debt Colletion Act of 1982) “Make your check or money order payeble to "DOL-OSHA”. Please indicate the Inspection Number on the remittance. Yeu can also make your payment electronically on Ww9w.pay.gov. On the let side ofthe pay gov homepage, you wll see an optan to Search Public Forms. Type "OSHA" and click Go, From the results click on OSHA Penalty Payment Form, The direct ik is bupsslwwrw.pay.gowlnaygowfonmslt bs is 4 ‘You wil be quired to enter your inspection number when making the payment. Payments can be made by «edit card or Automated Clearing House (ACH) using your banking information. Payments of $25,000 oF more require Transaction 1D, and also must be paid using ACH. Ifyou require a Transaction ID, please contact the (OSHA Debi Colletion Tem at (202) 693-2170, (OSHA doesnot agree to any rextretions or conditions or endorsements put on any check, money arder, electronic payment for less than the fll amount due, and will process the payments as if these restrictions or ‘conditions do not exit Notifieation of Corrective Action — For each violation which you donot contest, you must provide abatement cerificetion tothe Aven Director of the OSHA office ising the citation and identified above. This ‘abatement cerieaton isto be provide by leter within 10 calendar days alr each abatement date. Abatement

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