US. Department of Labor Occupational Safety and Health Administration Cincinnati Area Of?ce 36 Triangle Park Drive Cincinnati, Ohio 45246-3411 (513) 841-4132 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: Kokosing Construction Company, Inc. OSHA No. (8): 1020076 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 of?ce 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 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 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 suf?cient strength to support the equipment due to the engineering error. Citation 1, Item 2, will be amended to ?On or about January 19, 2015 the engineering survey for the demolition of the Hopple Street Ramp Bridge was inadequate in that is did not account for the fact that it was a double hinged bridge. The employer agrees to utilize a 3rd party engineering ?rm for a duration of ?ve years to conduct bridge demolition engineering surveys. 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 (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, ?ndings and actions taken by the Employer shall be deemed an admission by the Employer of the allegations contained within the Citations and Noti?cations of Penalty. For the Occupational Safety and osing Construction Health Administration Company, Inc. Ken E. Montgomery Area Director ?74: l?5 l? Date 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 of?ce at: U.S. Department of 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 of?ce 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 to this Area Of?ce for the total amount of the uncontested penalties. Make your check or money order payable to: Please indicate Inspection Number on the remittance. You can also make your payment electronically on by searching for the public forms by form name OSHA Penalty Payment Form. The direct link is ormId=53 090334. 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 -2 70. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the amount due, and will cash the check or money order as if these restrictions or conditions do not exist. If you have additional questions, please contact our of?ce at 513-841-4132. US. Department of Labor Occupational Safety and Health Administration 36 Triangle Park Drive Cincinnati, OH 45246 Phone: 513-841-4132 Fax: 513-841-4114 Citation and Noti?cation of Penalty To: Inspection Number: 1020076 Kokosing Construction Company, Inc. Inspection Date(s): 01/20/2015 - 07i13/2015 and its successors Issuance Date: 07/15/2015 886 McKinley Ave. Columbus, OH 43222 Inspection Site: The violation(s) described in this Citation and Hopple Street Bridge Noti?cation of Penalty is (are) alleged to have ODOT Project #15436 occurred on or about the day(s) the inspection was Cincinnati, OH 45225 made unless otherwise indicated within the description given below. This Citation and Noti?cation of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and Noti?cation of Penalty you either call to schedule an informal conference (see paragraph below) or you mail a notice of contest to the US. Department of Labor Area Of?ce at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance ofthis Citation does not constitute a ?nding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, ifcontested, unless this Citation is af?rmed by the Review Commission or a court. Posting - The law requires that a copy ofthis Citation and Noti?cation of Penalty be posted immediately in a prominent place at or near the location ofthe violation(s) cited herein, or, if it is not practicable because ofthe nature ofthe employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. Informal Conference - An informal conference is not required. However, ifyou wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies). Citation and Noti?cation of Penalty Page 1 of9 OSHK If you are considering a request for an informal conference to discuss any issues related to this Citation and Noti?cation of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter ofintent to contest must be submitted to the Area Director within 15 working days of your receipt ofthis Citation. The running ofthis contest period is not interrupted by an informal conference. if you decide to request an informal conference, please complete, remove and post the Notice to Employees next to this Citation and Noti?cation of Penalty as soon as the time, date, and place ofthe informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an 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 only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty?es) within 15 working days after receipt, the citation(s) and the proposed penalty?es) will become a ?nal order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Penalty Payment Penalties are due within 15 working days of receipt of this noti?cation unless contested. (See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.) Make your check or money order payable to Please indicate the Inspection Number on the remittance. You can also make your payment electronically on On the left side of the pay. gov homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is: gov/ pay gov/forms/ 34. 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 $25,000 or more require a Transaction ID, and also must be paid using ACH. Ifyou 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 process the payments as if these restrictions or conditions do not exist. Notification of Corrective Action For each violation which you do not contest, you must provide abatement certification to the Area Director of the OSHA of?ce issuing the citation and identi?ed above. This abatement certi?cation is to be provided by letter within 10 calendar days after each abatement date. Abatement certi?cation includes the date and method of abatement. lfthe citation indicates that the violation was corrected during the inspection, no abatement certi?cation is required for that item. The abatement certi?cation letter must be posted at the location where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement activities. A sample abatement certi?cation letter is enclosed with this Citation. In addition, where the citation indicates that abatement documentation is necessary, evidence ofthe purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that abatement has occurred is required to be provided to the Area Director. Employer Discrimination Unlawful The law prohibits discrimination by an employer against an Citation and Noti?cation of Penalty Page 2 of9 OSHA-2 employee for ?ling a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the US. Department of Labor Area Office at the address shown above. Employer Rights and Responsibilities The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this noti?cation. Notice to Employees The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation ifhe/she believes the date to be unreasonable. The contest must be mailed to the US. Department of Labor Area Of?ce at the address shown above and postmarked within 15 working days (excluding weekends and Federal holidays) ofthe receipt by the employer ofthis Citation and Noti?cation of Penalty. Inspection Activity Data You should be aware that OSHA publishes infonnation on its inspection and citation activity on the Internet under the provisions ofthe Electronic Freedom of Information Act. The information related to these alleged violations will be posted when our system indicates that you have received this citation. You are encouraged to review the information concerning your establishment at If you have any dispute with the accuracy of the information displayed, please contact this office. Citation and Noti?cation of Penalty Page 3 of9 OSHA-2 US. Department of Labor Occupational Safety and Health Administration NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with OSHA to discuss the citation(s) issued on 07/15/2015. The conference will be held by telephone or at the OSHA of?ce located at 36 Triangle Park Drive, Cincinnati, OH 45246 on at Employees and/or representatives of employees have a right to attend an informal conference. Citation and Noti?cation of Penalty Page 4 of9 OSHA-2 CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 1020076 Company Name: Kokosing Construction Company, Inc. Inspection Site: Hopple Street Bridge, ODOT Project #15436, Cincinnati, OH 45225 Issuance Date: List the Speci?c method of correction for each item on this citation in this package that does not read ?Corrected During Inspection? and return to: U.S. Department of Labor Occupational Safety and Health Administration, 36 Triangle Park Drive, Cincinnati, OH 45246 Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method ofAbatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method ofAbatement): Citation Number and Item Number was corrected on I By (Method ofAbatement): Citation Number and Item Number was corrected on By (Method ofAbatement): I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. "sigma; Date Typed?or Iiinted Name - Title NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a ?ne ofnot more than $10,000 or by imprisonment ofnot more than 6 months or both. POSTING: A copy ofcompleted Corrective Action Worksheet should be posted for employee review Citation and Notification of Penalty Page 5 of9 OSHA-2 US. Department of Labor Inspection Number: 1020076 Occupational Safety and Health Administration Inspection Date(5)3 01/20/2015 07/13/2015 Issuance Date: 07/15/2015 Citation and Noti?cation of Penalty Company Name: Kokosing Construction Company, Inc. Inspection Site: Hopple Street Bridge, ODOT Project #15436, Cincinnati, OH 45225 Citation 1 Item 1 Type ofViolation: 29 CPR Mechanical equipment shall not be used on ?oors or working surfaces unless such ?oors or surfaces are of suf?cient strength to support the imposed load: - Ramp D: On or about January 19, 2015 employees were exposed to crushing and/or struck by hazards in that the bridge deck where the Komatsu PC 400 LC tracked excavator was performing demolition operations was not of suf?cient strength to support the equipment due to the lack of deck removal sequence in the demolition plan. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: $7000.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities Citation and Noti?cation oi?Penalty Page 6 of9 OSHA-2 US, Department of Labor Inspection Number: 1020076 Occupational Safety and Health Administration IHSPeCtion Date(5): 01/20/2015 07/13/2015 Issuance Date: 07/15/2015 Citation and Notification of Penalty Company Name: Kokosing Construction Company, Inc. Inspection Site: Hopple Street Bridge, ODOT Project #15436, Cincinnati, OH 45225 Citation 1 Item 2 Type ofViolation: 29 CFR During demolition, continuing inspections by a competent person shall be made as the work progresses to detect hazards resulting from weakened or deteriorated floors, or walls, or loosened material. No employee shall be permitted to work where such hazards exist until they are corrected by shoring, bracing, or other effective means: -Ramp D: On or about January 19, 2015 the competent person on site halted bridge demolition operations after structural steel beam uplift was detected. The employer allowed employees to continue demolition operations without ensuring the corrective methods applied were effective in preventing collapse of the structure. Date By Which Violation Must be Abated: Corrected ring Inspection Proposed Penalty: $7000.00 ?k Ken E. Montgomery Area Director I See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and re5ponsibilities Citation and Noti?cation of Penalty Page 7 of9 OSHA-2 US. Department of Labor Occupational Safety and Health Administration 36 Triangle Park Drive Cincinnati, OH 45246 Phone: 513?841-4132 Fax: 513-841-4114 INVOICE DEBT COLLECTION NOTICE Company Name: Kokosing Construction Company, Inc. Inspection Site: Hopple Street Bridge, ODOT Project #15436, Cincinnati, OH 45225 Issuance Date: 07/15/2015 Summary of Penalties for Inspection Number 1020076 Citation 1, Serious 314000.00 TOTAL PROPOSED PENALTIES . 514000.00 To avoid additional charges, please remit payment to this Area Office for the total amount of the uncontested penalties summarized above. Make your check or money order payable to: Please indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment electronically on a . I0v. On the left side ofthe pay.gov homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is 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 $25,000 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 ifthese restrictions or conditions do not exist. lfa personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount ofthe check. The debit from your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. lfthe EFT cannot be completed because ofinsuf?cient funds or closed account, the bank will attempt to make the transfer up to 2 times. Citation and Notification of Penalty Page 8 of9 OSHA-2 Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) and regulations ofthe US. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act. Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) ofthe date on which the debt amount becomes due and payable (penalty due date). The current interest rate is one percent Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a ?nal order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and Noti?cation of Penalty), unless you ?le a notice of contest. Interest charges will be waived ifthe full amount owed is paid within 30 calendar days of the final order. Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or ifa satisfactory payment arrangement has not been made. lfthe debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent per annum will be assessed accruing from the date that the debt became delinquent. Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unp debt. Ken E. Montgomery Date Area Director Citation and Noti?cation of Penalty Page 9 of9 OSHA-2