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    OSHA MLK interchange fines

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    Copyright:

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    Download as pdf
    119 views14 pages

    Kokosing Citations Trench

    Uploaded by

    Jason Williams
    OSHA MLK interchange fines

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 14
    US. Department of Labor Occupational Safety and Health Adminisaton| Cincnnatl Area Omtce 30 Triangle Park Deve Cincinnati, Ohio 45246-3411 (Gi) gai-a132 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: Kokosing Construction Company, Inc. OSHA No. (5): 1073801 INFORMAL SETTLEMENT AGREEMENT ‘The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties, 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 $5,000.00 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 instruction. ‘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 , 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: ‘A competent person had not adequately inspected the open excavation for possible cave-ins or failure to protective systems in that employees were working outside of the protective system of an excavation with depths between 4°-10" and 5°-8". ‘The Employer, by signing this agreement, hereby waives its 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, ing weekends and Federal Holidays), whichever is. ‘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. . 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. Forthe Occupational Safety and Health Administration Ken E. Montgomery ‘Area Director ee Date oY 2. h— osing Construction. Company, Inc. 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: USS. Department of Labor-OSHA 36 Triangle Park Drive innati, 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 period 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 indicate OSHA’s Inspection Number on the remittance, You can also make your payment electronically on www.pay.gov by searching for the public forms by form name ~ OSHA Penalty Payment Form. yrminstance.html?agencyFormld=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 order as if these restrictions or conditions do not exist. Ifyou have additional questions, please contact our office at 513-841-4132. U.S. Department of Labor ‘Occupational Safety and Health Administration 36 Teangle Park Drive Cincinnati, OF 45246 Phone: $13-841-4132 Fax: 513-841-4114 Citation and Notification of Penalty 1 Inspection Number: 1073801 Kokosing Construction Company ne. Inspection Date(s): 06/26/2015 - 07/12/2015 snd its suecessoes Issuamee Date: 077152013 1386 McKinley Ave Columbus, OH 43222 Inspection Site: ‘The violaton() described inthis Citation cd Buena Vista Pl. & Kerper Ave, ‘Notification of Penaly is (are) alleged o have CCincinati, OH 45206 ‘ceurred om or about the dys) the inspection was ‘made unless otherwise 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, The penalty(es) listed herein i (ar) based on these violations. You must abate the violations refered to in this Citation by the dates listed and pay the penalties proposed, unless within 1S working days (excluding weekends and Federal holidays) from your receipt oF tis Citation and Notification of Pen {you ethereal to schedule an informal conference (se paragraph below) or you mall anotge of contest 0 the US. Department of Labor Area Office at the address shown above, Please refer tothe enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which shouldbe readin eonjuneton with this farm, Issuance ofthis Citation does not constitute a finding that a violation of the Act has occured unless there lre to contest as provided fr in the Act or iFeontested, unless this Citation is affirmed by the Review Commission ora cour Posting - The law requires tha a copy ofthis Citation and Notification of Penalty be posted immediately ina prominent place ator neat the locaton ofthe violations) eted herein, o,f itis not practicable because ofthe ature of the employers operations hee it wl be readily observable by all aTeted employees. This Citation ‘must remain posted until the vilation()eted herein has (have) been abated, or for 3 working days (excluding ‘weekends and Federal holidays), whichever is longer. Informal Conference ~ An informal conference i not required. However, if you wish t have such conference you may request one withthe Area Director during the 15 working day contest period. During sich) fn informal conference you may present any evidence or views which you believe would support an adjustmen) to the citation(s) andor penalties). {you are considering a request fran informal conference to diseuss any issues relatedt this Citation and "Notification of Penalty, you must take care to schedule i early enough 0 allow time tocontest afer the informal «conference, should you decide 1 do so. Please Keep in mind that a writen letter of intro contest must be “submitted tothe Are Director within 15 working days of yur receipt ofthis Citation, The unning ofthis ‘contest period i nt interrupted by an informal conference you decide to request an informal conference, pease complet, remove and post the Notice to Employees next, to tis Citation and Notification of Penalty as son a the time, date, and place ofthe informal conference have been determined. Be sre to bring othe conference any and all supporting documentation of existing conditions as well ag any abatement steps taken thus far. IF conditions warrant, we can enter into ar informal settlement ‘agreement which amicably resolves this matter without litigation or contest Right to Contest ~ You have the right to contest this Citation and Notification of Penalty. You may contest all citation items or ony individual items. You may aso contest proposed penalties andor abatement dates tou conesing he ndering vile. nl su infra eA iio iia ou tnd the citation(s) sed after rece ‘Commission and may not be revi ‘or agenc Penalty Payment — Penalties are de within 1S working days of receipt ofthis natifeation unless contested, (Gee the enclosed booklet andthe addtional information provided related to the Debt Calletion Act of 1982), “Make your eck or money order payable to "DOL-OSHA”” Please indicate the Inspection Number on the remittance. You ean also make your payment electronically on www.pay.sov. On theleft side of the paygov homepage, you will se an option to Search Publie Foms. Type "OSHA™ and cick Go, From the resis, click on OSHA Penalty Payment Form, The direct link i wwwrw.pay.gov/paygovl VagencyFormld=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 you banking information. Payrients of $25,000 or more require a Transaction ID, and also must be paid using ACH. If yo require a Transaction ID, pease contact the (OSHA Debt Collection Team at (202) 693-2170, ‘OSHA does not agree to any’ restrictions oF conditions or endorsements put on any check, money ord, oF electron payment for less than the fll amount due, and will process the payments asitheserestitions or ‘conditions donot exist. Notification of Correetive Action ~ For each violation which you donot contest, you must provide ‘abatement eerification wo the Area Director of the OSHA office issuing the citation and ented above. This abatement eerifieaton is o be provided by leter within 10 ealendar days ater each absement date, Absternent

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