. FTLED 1 NOV 2 5 am KENTUCKY LABOR CABINET K08H REVIEW COMMISSION DIVISION OF OCCUPATIONAL SAFETY AND HEALTH COMPLIAN ca FRANKFORT, KENTUCKY RE: The Trixie Foundation Docket# 6220 CSHO: Inspection: 018?14 316924935 Pursuant to KRS 338.141 Kentucky Occupational Safety and Health Act of 1972, the Certi?ed to the Occupational Safety and Health Review Commission. The documents listed below which were issued or received on the dates listed are enclosed herewith: 1. 11/10/2014 Number of citation(s) issued: (One) Serious 2. 11/10/2014 Notice oprOposed penalty sent: $35,000.00 3. 11/24/2014 Received notice of contest from: The Trixie Foundation 4. 1 1/24/2014 Received notice of contest from Employer Representative, Randy Skaggs, ounder/President 5. 11/12/2014 If other documents enclosed, list here: Green card received ,Submitt?i?g/ Date/J Date Dar/22 Sla?mz Mew/y Assigned to Date Steven L. Beshear 1 KENTUCKY LABOR CABINET Larry L. Roberts Governor Division of Occupational Safety and Health Compliance Secretary 1047 US Highway 127 - Suite 4 Frankfort, Kentucky 40601 Phone: (502)564-3535 Fax: (502) 564-5723 November 25, 2014 The Trixie Foundation ATTN: Randy Skaggs, Founder President Box 1 Webbviile, KY 41180 Re: The Trixie Foundation 80135 Dear Mr. Skaggs: We have received your letter as of November 24, 2014 and are considering it to be a notice of contest to the penalties issued to The Trixie Foundation. We have forwarded your letter to the Office of Legal Services, Kentucky Labor Cabinet, 1047 U. S. 127 South, Frankfort, Kentucky 40601, (502) 564-3070. Please contact the Office of Legal Services if you should have any questions. Sincerely, Division of OSH Compliance An Equal Opportunity Employer MJFID RECEIVED COMMONWEALTH OF KENTUCKY *9 2915 OCCUPATIONAL SAFETY AND HEALTH COMMISSION KENTUCKY neon CABINET ADMINISTRATIVE ACTION NO. 14? KOSH- 0360 (WHO EQF GENERAL COUNSEL KOSHRC #5220-14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT V. THE TRIXIE FOUNDATION ORDER OF SETTLEMENT The Respondent in the above-styled action having moved to withdraw its Notice of Contest. and the parties having jointly ?led a Settlement Agreement with the motion and agreement providing as follows: 1. Respondent represents that the conditions alleged in the citation have been abated. 2. The proposed penalty of $35.000.00 has been reduced to shalt be paid pursuant to the terms and conditions set forth in the parties' Stipulation and Settlement Agreement. 3. In conjunction with the Settlement Agreement. the Respondent has agreed to withdraw its notice of receipt of contest to the citation. - 4. Except as provided In paragraph 5(h) of the agreement. the Respondent has made no admissions with respect to the alleged violations. . 5. Affected employees were given notice of the settlement documents by posting for a minimum of ten (10) consecutive days. beginning June3. 2015. and continuing through June 13. 2015. pursuant to Section 51 of this Commission's Rules of Procedure. If for any reason the affected employees have any objections to this withdrawal. they should state objection within ten (10) days to the Kentucky Occupational Safety and Health Review Commission. #4 Millcreek Park. Frankfort, KY 40601. telephone (502) 573-6892. THEREFORE. 11' IS HEREBY ORDERED that the Commission enter an order SUSTAINING the Respondent's Motions to Withdraw Notice of Contest and ADOPTING the hearing officer's recommended order approving respondent?s withdrawal of its notice of contest. Entered this 7?h day of .July, 2015. KOSH REVIEW COMMISSION: FAYE CHAIR Mr"? PAUL CECIL GREEN COMMISSIONER . CHILDERS COMMISSIONER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Order of Settlement has been served in the following manner: . Messenger mail: DAVID N. SHATTUCK KENTUCKY LABOR CABINET OFFICE OF GENERAL COUNSEL 1047 US HWY 127 SOUTH, STE 4 FRANKFORT. KY 40601 By First-class mail: ROBERT C. MOORE HAZELRIGG cox. LLP 415 WEST MAIN STREET P.O. BOX 676 FRANKFORT. KY 40602-0676 This 7"1 day of July. 2015. KOSH Review Commission #4 Millcreek Park Frankfort. KY 40601 i were a 37:11? COMMONWEALTH OF KENTUCKY in; 3 OCCUPATIONAL SAFETY AND HEAL REVIEW COMMISSION nos? 11mg?, . . ADMINISTRATIVE ACTION NO. 14-KOS so? KOSHRC DOCKET NO. 5220-14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY . COMPLAINANT v. RECOMMENDED ORDER SUSTAINING MOTION To WITHDRAW CONTEST AND ADOPTING SETTLEMENT THE TRIXLE FOUNDATION RESPONDENT I The Respondent in-the above-styled action having moved to withdraw its Notice of Contest, and the parties having jointly ?led a Settlement Agreement with the motion and agreement providing as follows: 1. Respondent represents that all the voilative conditions alleged in the citation have been abated. I 2. The proposed penalty of $35,000.00 has been reduced to $1,800.00 and shall he paid as set forth in the parties? Stipulation and Settlement Agreement. 3. In conjunction with the Settlement Agreement, the Respondent has agreed to withdraw its notice of contest to the citation. 4: Except as provided in paragraph 501) of the agreement, the Respondent has made no admissions with respect to the alleged violations. 5. Affected employees were given notice of the settlement documents by posting. for a minimum of ten (10) consecutive days, beginning the. 3rd day of June, 2015 and continuing through the 13th day of June, 2015 pursuant to Section 51 of this Rules of Procedure. Therefore, it is hereby recommended that the Commission enter an order SUSTAINING the Respondent?s Motion to Withdraw Notice of Contest and ADOPTING the parties? Settlement Agreement. HON STUART W. COBB HEARING OFFICER OFFICE OF THE ATTORNEY GENERAL DIV. OF ADMINISTRATIVE HEARINGS 1024 CAPITAL CENTER DRIVE FRANKFORT, KENTUCKY 40601 N0.339 P.5 . RECEIVED l: . COWONWBALTH OF KENTUCKY JUN I 5 2015 JUN WATIONAL SAFBTYAND HEALTH REVIEW COMMISSION KENTUCKY LABOR CABINET ACTION NO. 14-KOSH-0360 OF GENERAL COUNSEL ADMINISTRATIVE HEARWCS _j KOSHRC DOCKET - NO. 522044 SECRETARY OF THE LABOR CABINET . COMMONWEALTH OF KENTUCKY COMPLAINANT v. AND SETTLEMENI AGREEMENT THE TRDOE FOUNDATION . RESPONDENT Complainant and Respondent a and stipulate as follows: 1. On or about November 10, ?flbespondent was issued a citation, alleging nmnerous violations of the Act and Standards. The Complainant proposed penalties in the amount oi? $35,000.00 for these violations. 2: The aforesaid citation was issued with respect to the alleged violations of the Act and Standards at Respondent's worksite at or near Webbville, Kentucky. 3. That on or about November 24, 2014, the Reapondent ?led a Notice of Contest with . the Complainant, objecting to and contesting the Citation. This Notice of Contest was duly nammitted to the Kentucky Occupational Safety and Health Review Commission on November 25, 2014. The Complainant ?led a complaint with the Kentucky Occupational Safety and Health Review Commission on or about November 26, 2014. i 4. Pursuant to Section 51 Of the Kentucky Occupational Safety and Health Review Cormnission?s Rules of Procedure, a settlement has been reached. 5. After weighing the evidence of this case and all the circumstances surrounding the alleged violation, the parties have agreed to the following: .1 55100120035090 N0.339 P.-6 The Citation shall stand as issued. 03) _Re$p011dent represents that all violative conditions set forth'in the Citation have been abated- I items 005%, 004b, 305, dim, 006b, 007a, 007b, 0081:, and 009 are grouped with a proposed penalty of $1,000.00. . Items 001, 002, 003, 0003, and 0110 are gouped with a preposed penalty of $750.00. The penalty reductions set forth herein are made based on Respondent?s representation that it is a charitable entity as de?ned by the Intemal Revenue Service. (0 The proposed penalty of $35,000.00 is reduced to $1,300.00 provided all ofthe conditions set forth below are met: (1) Respondent shall pay Complainant $1,800.00, in checks made payable to the Kentucky State Treasurer and mailed to Complainant in twelve (12) consecutive installments of $150.00, commencing Juno 1, 2015: (ii) Respondent agrees that if payments are not made on or before the 1St day of each month, Paragraph 5(t) is null and void and the penalty reverts-to $35,000.00 and any unpaid balance thereon is immediately due and payable. - Respondent further agrees that the Cabinet may declare Paragraph 5(f) null and. void by ?ling a civil action for the entire unpaid balance, that said civil action may be ?led and maintained in Franklin Circuit Court, and that notice of the civil action by regular U.S. mail to Randy Skaggs, P.O. Box 1, Webbville, KY 41180, shall constitute notice to Respondent of the ?ling of said action That as a part of this Stipulation and Settlement Agreement, Respondent has agreed to withdraw its Notice of Contest. (11) Respondent's agreement as set forth hereinabove and its execution of this Settlement Agreement are not admissions by Respondent of any violation of the Act or the MAY. 2015 . N0. 339 P. 7 standards or regulations promulgated thereunder nor admissions by Respondent of the truth of any of the allegations or conclusions contained in the Citation or Complaint; provided, however, that the Citation and withdrawal of Notice of Contest may be used as a basis for subsequent failures to abate or repeated Citations issued after approval of this Settlement Agreement by the Kentucky Occupational Safety and Health Program inspections and cases. 6. Pursuant to Section 51 of the Rules of the Kentucky Occupational Safety and Health Review Commission, the Stipulation and Settlement Agreement and attached Motion have been properly posted for employees? inspection for ten (10) consecutive days, the A day 2015 and continuing through the day of ?1,2015. ah 101.21% I 10339 WITNESS THEREOF the parties have caused this Stipula n?and Agreement to he executed by their duly authorized representa 044/ 77A E1 1 DAVID N. SHATTUCK ROBERT c. MOORE KENTUCKY LABOR CABINET HAZELRIGG COX, LLP OFFICE OF GENERAL COUNSEL 415 WEST MAIN STREET 1047 U.S. 127 SOUTH, SUITE 4 13.0. BOX 676 FRANKEORT, KY 40601 FRANKEORT, KY 40602-0676 ATTORNEY FOR ATTORNEY FOR RESPONDENT DATE: 6' as" DATEANTHONY RUSSELL: CONMSSIONER DEPARTMENT OF WORKPLACE STANDARDS KENTUCKY LABOR CABINET 1047 US. 127 SOUTH, SUITE 3 FRANKFORT, KY 40501 - .. DATE: Ab 0611012016 13:31:29 Case Audit Report Page 1 of 3 Establishment: TRIXIE FOUNDATION Inspection 11: 316624935 Site Address: 1167 LITTLE BRUSHY ROAD Opt Inspection 16018-14 WEBBVILLE, KY 41180 5099008" "31 P0735 6064384275 CSHO ID: X0566 . Ins ectionT e: Com laint Mail Address. 27 LITTLE BRUSHY ROAD Entry galie:05119'12014 BBVILLE, KY 41180 606-7 36 _4 276 Close Cont Date: 0710112014 lnfon'nal Conlr Date: 1112112014 Control Corp: PMA Status: PMA Date: Contest (Active): No Final Order: 0710712015 Case Close Date: 0611012016 Penalty Data (Summary) Penalty FTA Penalty Payment Data (Summary) Due Date: Total Payments: 1,800.00 Current Assessed: 1,600.00 .00 Next install Date: Interest: 0.00 0.00 Last install Date: Admin Fees: 0.00 0.00 Number of installments: 0 Res Waived: Penalty Collection Data (Summary) Date Transfer Amount Status; (Orig) DCAT: (FTA) DCAT: Solicitor: Violation Data Haz Issue Datel Abatements Actions Penaltyl Contest Citation Standard Code 115$ gig FTA Date Date Date Type FTA Pen Abt MS Pen EvnlAct Dates 8 01 001 3 2 1111012014 1210312014 A 2,100.00 A 1210312014 160.00 0710712016 1112412014 01 002 3 1 1111012014 1112412014 A 1,400.00 A 1112412014 160.00 0710712016 1 1112412014 01 003 1910.37(e) 3 1 1111012014 1112412014 A 3,600.00 A 1112412014 160.00 07107120151 . 1112412014 01004 a 3 2 1111012014 1111812014 A 3,500.00 A 1111612014 167.00 0710712016 1112412014 01004 3 1 1111012014 1111812014 A 3,500.00 A 1111812014 .00 07107120151 .00 150.00 0611012016 13:31:29 Case Audit Report Inspection 316924935 Page 2 013 Violation Data (Detail) Haz Issue Date] Abatements Actions Penalty! Contest Citation Standard Code BE E133 19.51 FTA Date Date Ty1Cmp Date Type FTA Pen Abt MS Pen Dates 1112412014 01 005 3 2 1111012014 1111812014 A 3,500.00 A 1111812014 167.00 07107120151 1112412014 01006 a I 3 1 1111012014 1111812014A 3,500.00 A 1111812014 167.00 07107120151 1112412014 01005 3 2 1111012014 1111812014 A .00 A 1111812014 .00 07107120151 1112412014 01007 a 2 1 1111012014 1111812014 A 3,500.00 A 1111812014 167.00 07107120151 1112412014 01007 2 1 1111012014 1111812014 A .00 A 1111812014 .00 07107120151 - 1112412014 01008 a 3 1 1111012014 1112112014 A 3,500.00 A 1112112014 160.00 07107120151 1112412014 01 008 3 2 1111012014 1111612014 A .00 A 1111612014 167.00 07107120151 1112412014 01 009 3 2 1111012014 1210312014 A 3,500.00 A . 1210312014 155.00 07107120151 - 1112412014 01 010 2 1 1111012014 1112112014 A 3,500.00 A 1112112014 160.00 07107120151 1112412014 Payment Data (Detail) . OSHA-163 Nr Payment Date ReflUnH Amount Paid FTA Paid Total Paid 916232051 0612312015 300.00 .00 300.00 916232127 0610512015 150.00 .00 150.00 916232234 0910812015 150.00 .00 150.00 916232283 0912912015 150.00 .00 150.00 915232390 1111212015 150.00 .00 150.00 916232424 1211112015 150.00 06/10/2016 13231229 Case Audit Report Payment Data (Detail) OSHA-163 Nr Payment Date ReflUnH Amount Paid FTA Paid Total Paid 916232473 0111412016 150.00 .00 150.00 916232531 0210312016 1 50.00 .00 150.00 916232622 0310812016 150.00 .00 150.00 916232713 0410712016 150.00 .00 150.00 916232770 0510312016 1 50.00 .00 150.00 Inspection 316924935 Page 3 of 3 THE TRIXIE FOUNDATION, INC. POST OFHCE Box 1 8366 1157 LITTLE BRUSHY ROAD . WEBBVILLE KY 41180 2 7 (606) 733 4276 20 85"ng .5351 (9369/03/ng bm{ JMIM A?h/m ?QUARsamz" FIRST NATIONAL BANK- GRAYSONU 73- 3471421 [5 =3 Hd 3" AW 9181 3:5N911dwo'o .1190 aamaoaa Matthew G. Bevin Kentucky Labor Cabinet I Derrick K. Ramsey Office of General Counsel secretory 1047 US Hwy 127 STE 4 Jenean M. Hampton Frankfort, Kentucky 4060] Lt.? Governor Phone: (502) 564-3070 Fax: (502) 564-5484 MEMORANDUM TO: Secretary Ramsey THROUGH: Mike Donta, Deputy Commissioner Dept. of Workplace Standards FROM: 7275?? 5 Peggy A. inne Of?ce of General Counsel DATE: May 2, 2016 SUBJECT: Check for Installment Penalty payment Check 8366 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018?14. (Note: 12th and Final penalty payment for the reduced penalty amount of [(01ka UNBRIDLED SPIRI - An Equal Opportunity Employer THE TRIXIE FOUNDATION, mc. POST OFFICE BOX 1 3&1! E7 BRUSHY ROAD 8322 BBVILLE, KY 41130 0?2 o/L (606)238-4276 73-34mm gm ?gm 00,4 a1 i; VIC /(f7 FIRST NATIONAL BANK-va??mw 0 Fm .- Am (3m mam-Jr I DOUARS El 553': LI. 009? ?3 $0 h&wmz tug-o Matthew G: Bevin Kentucky Labor Cabinet Derrick K. Ramsey Office of General Counsel secretory Jenecn M. Hampton Frankfort, Kentucky 4060] Lt. Governor Phone: (502) 564-3070 Fox: [502) 564?5484 MEMORANDUM TO: Secretary Ramsey THROUGH: Mike Donta, Deputy Commissioner Dept. of Workplace Standards #7774 9?14?? Peggy A. Devine Of?ce of General Counsel DATE: April 1, 2016 SUBJECT: Check for Installment Penalty payment Check 8322 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018-14. A UNBRIDLE SPIRIT - An Equal Opportunity Employer TRIXIE FOUNDATION, INC. . 1 30x1 828? 11117 LITTLE BRUSHY ROAD 5 KY41180 1 . {5051738 4276 - 20 I?m 001% 910 T?amja . [3?0 0?0 @hen 6/01) 1 1 - DOLLARS El mt." . .-FIRST NA IONAL EANK - ifmnmca @311 1:11 I 1111 111.3: OENEOHE Matthew G. Bevin . Kentucky Labor Cabinet Derrick K- Ramsey Governor Office of General Counsel secretory - Jenean M. Hampton Frankfort. Kentucky 40601 Lt. Governor Phone: (502] 564-3070 Fax: (502) 564?5484 MEMORANDUM TO: Secretary Ramsey THROUGH: Mike Donta, Deputy Commissioner Dept. of Workplace Standards FROM: - 0W QM Peggy A. Dev?ine Of?ce of General Counsel DATE: March 2016 SUBJECT: Check for Installment Penalty payment. Check 8287 for $150.00, for The Trixie Foundation Inc., KOSHRC 5220- 14; Inspection 316924935; - CSHO: and Report: 01-8 14. - a? ill-1?13 1 ?133191153 31?. H3 ?1?0 {135-13033 Km,? UNBRIDLED An Equal Opportunity Employer POST OFFICE BOX-1- 1167 BBUS HY ROAD 41180 3246 TO THE- ORDER OF 83}: L. UH. 82 ?13091;: . 5-. gauwwdHOOHso aanmoaa - Matthew G. Bevin Kentucky Lobor Cabinet Derrick K. Ramsey Governor Office of General Counsel secretory 1047 US Hwy 127 STE 4 Jeneon M. Hampton Fronkfort, Kentucky 4060] Lt. Governor Phone: (502) 564-3070 Fox: (502) 564-5484 MEMORANDUM TO: Secretary Ramsey THROUGH: Mike Donta, Deputy Commissioner Dept. of Workplace Standards A V) I I FROM: A Pegngf Devine Of?ce of General Counsel DATE: January 28, 2016 SUBJECT: Check for Installment Penalty payment Check 8246 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018-14. 3r: 6 MB 82 an Harm-rams H30 aamaoaa Kmtu??g UNBRIDLED SPIRIT .- An Equal Opportunity Employer THE TRIXIE FOUNDATION INC. POSTOFHCE.BOX1 KY44189 (606)?38 4_275_ ~v PAY TO THE ORDER E. 34:30 8213 73-3471421 Matthew G. Bevin Governor Kentucky Lobor Cabinet Derrick K. Romsey? Office of General Counsel Jeneon M. Hampton 1047 US Hwy 127 STE 4 Frankfort, Kentucky 40601 Phone: (502) 564-3070 Fox: (502) 564-5484 Secretory Lt. Governor January 4, 2016 TO: Division of Compliance FROM: ?1 W76 ?ea?lib Peggy I?'evi 6 Of?ce of General Counsel SUBJECT: Check for Penalty payment Check 8213 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and . .4 ?l c) 0'3 :1720-h. An Equal Opportunity Employer qu COMPLIANCE 2315 ET BUR CL KENTUC QFFICE 0 THE .TRIXIE FOUNDATION INC. OFFICE BOX 1 1157 BHUSHY ROAD - ?5 'i 8179' .5 . T201517 ?33223; law 297% - mm (Q [5/44 5?5 a 5-2-2: FIRST NATIONAL BANK- GRAYSON Steven l. Beshear Governor lorry Roberts Secretory KENTUCKY LABOR CABINET E. H. "Chip" mm; OFFICE OF GENERAL COUNSEL General Counsel 1047 US - Fronkfort, Kentucky 40601 Telephone: (502} 564-3070 Telefox: (502) 564?5484 December 3, 2015 TO: Division of Compliance FROM: . L?W?iip??m?p Peggy ?eiriri? Of?ce of General Counsel SUBJECT: Check for Penalty payment . Cheek 8179 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018-14asr-rvrwoo H90 03513333 Karma?? KentuckyUnbridledSpirit.com UNBRIDLED swan- .. An Equol Opportunity Employer .. 4276 Vy, 52% 04 1 monk ~THE IRIXIE FOUNDATION POST OFFICE 30x1 .-. 8144 1167 BRUSHY ROAD - - WEBBVILLE 20 I (.9 MIG 1'61"" El FIRST NATIQNAL BANK- GRAYSQN . .2 ma rm: 919;: H80 GENHOEH - Steven L. Beshear Larry Roberts Governor Secretory KENTUCKY LABOR CABINET E. H. "Chip" mm? OF GENERAL COUNSEL Genera] Counsel 1047 US Hwy 127 STE 4 Frankfort, Kentucky 40601 Telephone: [502) 564-3070 Telefox: (502) 564-5484 November 4, 2015 TO: Division of Compliance 1" - FROM: m5 Peggy ?eyi?le Office of General Counsel SUBJECT: Check for Penalty payment Check 3144 for $150.00, for The Trixie Foundation, Inc., KOSHRC 522044; Inspection 316924935; CSHO: and Report: 018-14. 88 .3 ma H30 GHMEOEE KentuckyUnbridledSpirit.com An Equal Opportunity Employer THE TRIXIE FOUNDATION, - - 8058 POSTOFHCEBOX1 - - . . WEBBVILLE KY41180 . . 20 3? 733471421 (506} 7384276 .-.- @55/5070?0 PAY TO THE ORDER OF saw-7km: DOLLARS 01% FIRST NATIONAL BANK GRAYSO JriUl'ldHOO Ira:- 035G038- Steven L. Beshear Larry L. Roberts Governor Secretory KENTUCKY LABOR CABINET E. ?Chip" Smith, OFFICE OF GENERAL COUNSEL General Counsel 1047 US Hwy 127 STE 4 Fronkfort, Kentucky 40601 Telephone: {502) 564-3070 Telefox: (502) 564-5484 September 29, 2015 TO: Tammy Johnson Division ofCompliance FROM: QM Peggy Of?ce of General Counsel SUBJECT: Check for Penalty payment Check 8058 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018-14. Karma"? KenluckyUnbridledSpirit.com UNBRIDLED a. An Equol Opportunity Employer RECEWED L1 am 10 23 THE TRIXIE FOUNDATION INC POST OFFICE 30x1 8021 1157 LITFLE BRUSHY - - - . . WEBBVILLE KY 41180 {606) 738- 4276 73- 347a?42?l PAY TO THE ORDER - l$150w DOLLARS El?" mum HEB-997.83 9 3 aanmoaa - Steven L. Beshear Larry L. Roberts Governor Secrelory KENTUCKY LABOR CABINET "Chip? 5mm OFFICE OF GENERAL COUNSEL General COUHSGI 1047 US Hwy 127 STE 4 . Frankfort, Kentucky 40601 Telephone: (502) 564?3070 Telefox: (502) 564-5484 September 4, 2015 TO: Tammy Johnson Div? 'on of Compliance 1. FROM: ?mg Peggy bean/e Of?ce of General Counsel SUBJECT: Check for Penalty payment Check 8021 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018-14. Kmm? KentuckyUnbridiedSpiri?r.com mammary An Equol Opportunity Employer THE TRIXIE FOUNDATION, INC. POST OFFICE BOX 1 7975 20g 7334mm j/v/ fW - 079 Mil-u VIE ?vv-MC DOLLARS El m?x?m. EFIRST NATIONAL GRAYSON #95ng Steven L. Beshear Larry L. Roben?s Governor Secretory KENTUCKY LABOR CABINET E. H. ?Chip? mm, OFFICE OF GENERAL COUNSEL General Counsel 1047 US Hwy Frankfort, Kentucky 40601 Telephone: (502) 564?3070 Tel?lox: (502) 564-5484 August 4, 2015 C, :0 TO: Tammy Johnson 3 lg; Divi ofCompliance .1: I If} 4 coma? *0 FROM: :3 Peggy ?eviKe Of?ce of General Counsel CD SUBJECT: Check for Penalty payment Check 7975 for $150.00, for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection 316924935; CSHO: and Report: 018-14. Kmmde"? KentuckyUnbridledSpirit.com UNBRIDLED .4 An Equal Opportunity Employer ?7:1 c.1?1 ?ml TE :13 (.43 (A) Li) 35311555 Hrt?iM?mli?Yfat?h?-ikwm? THE TRIXIE FOUNDATION, INC. I I POST OFFICE BOX 1 . - 7912 1157 BRUSHY ROAD 733471421 (606) 738-4276 PAYTOTEEI [(r?hIAr ?3?41 qut? I I $300 ?.079 ORDER )1 '14 FIRST NATICNAL IGIRAYSICN "?53 ?1?51 if?i *imM? [(001 7H ?12 gr Steven Beshear 1 Larry L. Roberts Governor Secretory KENTUCKY LABOR CABINET "Chip" Smith, OFFICE OF GENERAL COUNSEL Gener0 Counse 1047 US Hwy127 STE 4 Fronkfort, Kentucky 4060] Telephone: [502} 564-3070 Telefox: (502) 564?5484 ww.lobor.ky.gov June 17, 2015 TO: Tammy Johnson Division of Compliance FROM: Peggy Devine Of?ce of General Counsel SUBJECT: Check for Penalty payment Check 7912 for $300.00 (1St and 2nd payment), for The Trixie Foundation, Inc., KOSHRC 5220-14; Inspection #316924935; CSHO: and Report: 018?14. KentuckyUnbridledSpirI?rpom UNMIL SPIRIT An Equal Opportunity Employer Mott Bevin Kentucky Lobor Cabinet Derrick Ramsey Governor Office of General Counsel . secreiow . Jeneon Hampton Frankfort, Kentucky 40601 Michael G. Swonsburg, Jr. Lt. Governor Phone: (502) 564-3070 General Counsel Fox: {502) 564-5484 May 20, 2016 Mr. Randy Skaggs The Trixie Foundation PO Box 1 Webbville, KY 41180 Dear Mr. Skaggs: Enclosed is a payment we received in today?s mail. We are returning this check, as last month?s payment brought the total to $1,800.00. Accordingly, this account has been paid in full. We are closingr our ?le in this matter. Thank you and best wishes. Sincerely, 04.71 David N. Shattuck - THE TRIXIE FOUNDATION, INC. . POST BOX 1 8387 1167 LITTLE BRUSHY ROAD . ?at; (520$ mm garage Ky, 9W4 ?IT/mam? 3/50, 0-0 0 061/:% lay/db/m DOLLARS I3 FIRST NATIONAL BANK- GRAYSON . I G, (DOM ma I UNBRIDLED SPIRIT An Equal Opportunity Employer 8366 DATIDN. INC 2 7 Lg 73.341r421 RE 20 - cE BOX ROAD REBBVILLE, 10' 4?1180 96 ((17 [606} 738417-75. DOLLARS RECEIVED as, ?2 20.15 OFFICE OF GENERAL COUNSEE KENTUCKY, LABOP ??4h?-L4uvm "mm JMN 3: we at; 2%?25 i LABOR - GENERAL L. ?w I THE TRIXIE FOUNDATION, INC. 8322 POST OFFICE BOX 1 - 1167 BHUSHY ROAD 3) 201g. 73- 3471421 WEBBVILLE. KY 41180 (505) 738-4275 my ?lm JETW $1/50 Jam/05M 1/ DOL 0 FIRST NATIONAL BANK- I Ml AHA {30:34 th . . r'r'Wr'? - ?04! oil-?t FOUNPATIO OFFICE 30x1: 3; - 1167 LITTLE BBUSHY- 16061736 4276..-.lNORDER 8?28? 733451421 .. mwm?m .-.. . ?Mug-19$] .5 0U . I autumn-n- RECEIVED 25 21115 KENTUCKY LABOR CABINE OFFICE OF GENERAL COUNSTEL ?1 ., . . . 'Ti?iis' i?ii?'l? - .. . POST OFFICE BOX -1 - - 8246 1167 LITTIEE BRUSHY ROAD . . i? WEBBVIL . - . {6051738 4276 - ?v . .. .120 .- . . .. - -- ?It: 1-.- - QRDER ammo . .- .. :Q?Imp DOLLARS 1mFIRST NATIONAL BANK GRAYSON THE TRIXIE FOUNDATION, INC. POST OFFICE BOX 1 8213 msgamt?w;gp?ow . (606} 738- 4226 . 73-34mm 3333;? :5 ?O-ntl J. go do DOLLARS El 7 MONAHCH . . .. . . . - . . j: -. -. POST OFFICE BOX 1 1167 LHTLE- BHUSHY ROAD KY 41180?: To Maw [/40 ?ff/9?6 (506) 738? .4276 PAY TO ORDER OF- FIRST NATIONAL BANK- GRAYSONO THE .TRIXIE FOUNDATION INC. RECEN ED LABO CL JNSEL KENTU GENERAL 0 8179 2" .. . ?3-34w421 [$450, 0?0 Minn-u . DOLLARS arrm .lTHE TRIXIE FOUNDATION, INC. POST OFFICE 30x1 8144 345;;th 2 4118 I . (506173824276 Q?z 20g 732344421 32423? V7, 0% H2 <24 7% ?$430473 C9 MG. DOLLARS I31 mm; FIRST NATIONAL BANK- GRAYS I A THE TRIXIE FOUNDATION, INC. POST OFFICE BOX 1 .. 1167 LETTLE BHUSHY ROAD WEBBVILLE, KY 41180 (605) 738-4276 PAY TO THE 2115015 ORDER OF Ky, . .Q?f?z FOR 8058 '73-3471?421 0149. W41 /07) DOLLARS El FIRST NATIONAL BANK-GRAYSON . L30 1004 gnawLui'umi SEP 2 8 2015 CC C. CABINET COUNSEL 2 1 . a .v . .T. u; THE TRIXIE POST OFFICE Box 1' . ,1 8021 1167 BRUSHY . ., - WEBBVILLE, KY 41180 . - 20 (606} 738-4276 523%? .2 *w - - THE TRIXIE FOUNDATION, mc. POST OFFICE BOX 1 7975 9/ - . 41180 . (60617384276 205 733471921 33%? - 1/ v/ C7167 WW <0 cm 6 he Lari/L14 A.) El 3135 FIRST NATIONAL BANK- GRAYSON rn wry??h J. - .I - 1-. .EVVF . - HE TRIXIE FOUNDATION, INC. POST OFFICE BOX 1 7912 1167 BRUSHY ROAD . 41180 In 3 I 734411421 {605) 738-4276 33323? ?3 00 01; DOLLARS 81 Eva?? FIRST NATIONAL BANK-GRAYSON 2/50 :r 4 mg), 39/59 me- ., Eur. 1 COMMONWEALTH OF KENTUCKY JUL -9 2015 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION KENTUCKY LABOR CABINET ADMINISTRATIVE ACTION NO. OFFICE OF GENERAL COUNSEL KOSHRC #5220?14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT V. THE TRIXIE FOUNDATION RESPONDENT ORDER OF SETTLEMENT The Respondent in the above-styled action having moved to withdraw its Notice of Contest. and the parties having jointly filed a Settlement Agreement with the motion and agreement providing as follows: 1. Respondent represents that the conditions alleged in the Citation have been abated. 2. The proposed penalty of $35.000.00 has been reduced to $1,800.00 and shall be paid pursuant to the terms and conditions set forth in the parties? Stipulation and Settlement Agreement. 3. In conjunction with the Settlement Agreement. the Respondent has agreed to withdraw its notice of receipt Of contest to the Citation. 4. Except as provided in paragraph 5(h) ofthe agreement. the Respondent has made no admissions with respect to the alleged violations. 5. Affected employees were given notice of the settlement documents by posting for a minimum Of ten (10) consecutive days. beginning June 3. 2015. and continuing through June 13, 2015. pursuant to Section 51 of this Commission's Rules of Procedure. If for any reason the affected employees have any Objections to this withdrawal, they Should state Objection within ten (10) days to the Kentucky Occupational Safety and Health Review Commission. #4 Millcreek Park. Frankfort, KY 40601. telephone (502) 573?6892. THEREFORE. IT IS HEREBY ORDERED that the Commission enter an order SUSTAINING the Respondent's Motions to Withdraw Notice of Contest and ADOPTING the hearing officer's recommended order approving respondent's withdrawal Of its notice Of contest. Entered this 7th day Of July. 2015. KOSH REVIEW COMMISSION: FAYES. IEBER NN CHAIR gar?? PAUL CECIL GREEN COMMISSIONER y?W CHILDERS COMMISSIONER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Order of Settlement has been served in the following manner: Messenger mail: DAVID N. SHATTUCK KENTUCKY LABOR CABINET OFFICE OF GENERAL COUNSEL 1047 US HWY 127 SOUTH. STE 4 FRANKFORT. KY 40601 By First?class mail: ROBERT C. MOORE HAZELRIGG COX. LLP 415 WEST STREET PO. BOX 676 FRANKFORT, KY 40602?0676 This 7th day of July. 2015. KOSH Review Commission #4 Millcreek Park Frankfort. KY 40601 . . 1., at 54,339 COMMONWEALTH OF KENTUCKY JUN 3 2015 OCCUPATIONAL SAFETY AND HEAL REVIEW COMMISSION KOSH VIEW ADVIINISTRA riVE ACTION NO.14-KOS (Brio-? KOSHRC DOCKET NO. 5220-14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY - COMPLAINANT V. RECOMMENDED ORDER SUSTAINING MOTION TO CONTEST AND ADOPTING SETTLEMENT THE TRIXIE FOUNDATION RESPONDENT The Respondent in the above-styled action having moved to withdraw its Notice of Contest, and the parties having jointly ?led a Settlement Agreement with the motion and agreement providing as follows: 1. Respondent represents that all the voilative conditions alleged in the citation have been abated. I 2. The proposed penalty has been reduced to $1,800.00 and shall be paid as set forth in the parties? Stipulation and Settlement Agreement. 1 3. In conjunction with the Settlement Agreement, the Respondent has agreed to withdraw its notice of contest to the citation. Except as provided in paragraph 5(h) of the agreement, the ReSpondent has made no admissions with respect to the alleged violations. 5. Affected employees were given notice of the settlement documents by posting. for a minimum often (10) consecutive days, beginning the 3rd day ofJune, 2015 and continuing through the 13th day ofJune, 2015 pursuant to Section 51 ofthis Commission?s Rules of Procedure. Therefore, it is hereby recommended that the Commission enter an order SUSTAIN ING the Respondent's Motion to Withdraw Notice of Contest and ADOPTING the parties' Settlement Agreement. HON STUART W. COBB HEARING OFFICER OFFICE OF THE ATTORNEY GENERAL DIV. OF ADMINISTRATIVE HEARINGS 1024 CAPITAL CENTER DRIVE FRANKFORT, KENTUCKY 40601 27. 20I5 . N0. 339 P. 5 RECEIVED COMMONWEALTH OF KEW ICKY NM 1 5 2015 JUN QCEHJPATIONAL SAFETY AND HEALTH REVIEW COMMISSION KENTUCKY LABOR CABINET DI ACTION NO. OFFICE OF GENERAL COUNSEL ADMINISTRATIVE . HEARINGS 1 KOSHRC DOCKET NO. 5220?14 SECRETARY OF THE LABOR CABINET . COMMONWEALTH OF KENTUCKY COMPLATNANT v. STIPULATION AND SETTLEMENT AGREEMENT THE TRLXIE FOUNDATION RESPONDENT Complainant and Respondent agree and stipulate as follows: 20 1. 011 or about November 10, Respondent was issued a citation, alleging numerous violations of the Act and Standards. The Complainant proposed penalties in the amount of $35,000.00 for these violations. 2. The aforesaid citation was issued with respect to the alleged violations of the Act and Standards at Respondent's worksite at or near Webbville, Kentucky. 3. "That on Or about November 24, 2014, the Respondent ?led a Notice of Contest with the Complainant, objecting to and contesting the Citation. This Notice of Contest was duly transmitted to the Kentucky Occupational Safety and Health Review Commission on November 25, 2014. The Complainant ?led a complaint with the Kentucky Occupational Safety and Health Review Commission on or about November 26, 2014. I 4. Pursuant to Section 51 Of the Kentucky Occupational Safety and Health Review Commission's Rules Iof Procedure, a settlement has been reached. I 5. After weighing the evidence of this case and all the Circumstances Sunounding the alleged violation, the parties have agreed to the following: I A MAY.21.2015 3:50am . . 110.339 9.6 The Citation shall stand as issued. (13) Reapondent represents that all violative conditions set forth'in the Citation have been abated. (0) ?Items 004a, 004b, I005, 006a, 0061), 007a, 007b, 008b, and 009 are grouped with a preposed penalty of $1,000.00. Items 001, 002, 003, 00821, and 010 are grouped with a preposed penalty of $750.00. The penalty reductions set forth herein are made based on Respondent?s representation that it is a charitable entity as de?ned by the Internal Revenue Sewice. The proposed penalty is reduced to 81,800.00 provided all ofthe conditions set forth below are met: Respondent shall pay Complainant $1,300.00, in checks made payable to the State Treasurer and mailed to Complainant in twelve (12) consecutive installments of $150.00, commencing June 1, 2015: (ii) Respondent agrees that if payments are not made on or before the 1S: day of each month, Paragraph 5(t) is null and void and the penalty reverts to $35,000.00 and any unpaid balance thereon is immediately due and payable. Respondent further agrees that the Cabinet may declare . Paragraph 5 null and void by ?ling a civil action for the entire unpaid balance, that said civil action may be ?led and maintained in Franklin Circuit Court, and that notice of the civil action by regular US. mail to Randy Skaggs, RC). Box 1, Webbville, KY 41180, shall constitute notice to Respondent of the ?ling of said action. That as a part of this Stipulation and Settlement Agreement, Respondent has agreed to Withdraw its Notice of Contest. (11) Respondent?s agreement as set forth hereinabove and its execution of this . Settlement Agreement are not admissions by Respondent of any violation of the Act or the LP) . . N0.339 standards or regulations promulgated thereunder nor admissions by Respondent of the truth of . any of the allegations 01? conclusions contained in the Citation or Complaint; provided, however, that the Citation and withdrawal of Notice of Contest may be used as a basis for subsequent failures to abate or repeated Citations issued after approval?of this Settlement Agreement by the Kentucky Occupational Safety and Health Program inspections and cases. 6. Pursuant to Section 51 of the Rules of the Kentucky Occupational Safety and Health Review Commission, the Stipulation and Settlement Agreement and attached Motion have been properly posted for employees? inspection for ten (10) consecutive days, beginning the 3 day . To? t. 2015 and continuing through the I 3' day ofw 2015. IP- . 01.212015 35001 . . 10.339 8 IN WITNESS THEREOF the parties have caused this Stipl?atie?nmmn dt Agreement to be executed by their duly authorized repres Sign DAVID SHATTUCK ROBERT C. MOORE KENTUCKY LABOR CABINET HAZELRIOG COX, LLP OFFICE OF GENERAL COUNSEL 415 WEST MAIN STREET 1047 US. 127 SOUTH, SUITE 4 PO. BOX 676 FRANKFORT, KY 40601 FRANKFORT, KY 40602-0676 ATTORNEY FOR COMP LAINANT ATTORNEY FOR RESPONDENT DATE: ?$1157 DATEANTHONY RUSSELL COMMISSIONER DEPARTMENT OF WORKPLACE STANDARDS KENTUCKY LABOR CABINET 1047 US. 127 SOUTH, SUITE 3 FRANKFORT, KY 40601 5 ?15? HAZELBIGG 8: Cox, LLP ATTORNEYS AT LAW 415 WEST MAIN STREET. SUITE 1 JOHN B. BAUGHMAN P.O. Box 676 DYKE L. HAZBLRIGG (1881-1970) ROBERT C. Moons FRANKFORT, KENTUCKY 40602-0676 LOUIS Cox (1907-1970 MARK R. BRENGELMAN FAX: (502) 875-7l58 TELEPHONE: (502) 227-2271 June 12,2015 Via Hand Delivery JUN 1 Hon. David N. Shattuck 20'? Kentucky Labor Cabinet KENTUCKY Lat-30R CABINET Of?ce ofGeneral Counsel OF GEl?liiFi?L COUNSEL 1047 US. 127 South, Suite 4 Frankfort, KY 40601 Re: Secretary of Labor, Commonwealth of Kentucky (?Labor?) v. The Trixie Foundation, 5220-14 Dear Mr. Shattuck: Please find enclosed the Stipulation and Settlement Agreement and the Notice and Motion to Withdraw Contest that have been signed by both Randy Skaggs, and by me, as counsel for the Trixie Foundation. I have also enclosed a check made payable to the Kentucky State Treasurer in the amount of$300.00 in payment ofthe ?rst two payments due under the agreement. It is my understanding that the next payment is due on August 1, 2015. The Stipulation and Settlement Agreement and the Notice and Motion to Withdraw Contest were posted for employees? inSpection for ten consecutive days beginning on June 3, 2015, and ending on June 13, 2015. Please call me if you would like to discuss this matter, and thank you for working with the Trixie Foundation to resolve same. (ma . Robert C. Moore RCM/neb Enclosure cc: The Trixie Foundation . . II: . RECEI COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH JUN 1 8 2315 REVIEW COMMISSION JUN lb 591? ADMINISTRATIVE ACTION N0. . KENTUCKY LABOR mama DIVISION OF SEL OFFICE OF QENERAL COUN i ?14 SECRETARY OF THE LABOR CABINET . COMMONWEALTH OF KENTUCKY - COMPLATNANT V. RECOMMENDED ORDER SUSTAINING MOTION TO WITHDRAW CONTEST AND ADOPTING SETTLEMENT THE TRIXTE FOUNDATION RESPONDENT The Respondent in the above?styled action having moved to withdraw its Notice of Contest, and the parties having jointly ?led a Settlement Agreement with the motion and agreement providing as follows: 1. Respondent represents that all the voilative conditions alleged in the citation have been abated. 2. The proposed penalty Of $35,000.00 has been reduced to $1,800.00 and shall be paid as set forth in the parties? Stipulation and Settlement Agreement. I 3. In conjunction with the Settlement Agreement, the Respondent has agreed to withdraw its notice of contest to the citation. . 4.1 Except as provided in paragraph 5(h) of the agreement, the Respondent has made no admissions with respect tO the alleged violations. 5. Affected employees were given notice of the settlement documents by posting-for a minimum Of ten (10) consecutive days, beginning the 3rd day of June, 2015 and continuing through the 13th day. of June, 2015 pursuant to Section 51 of this Commission?s Rules of Procedure. Therefore, it is hereby recommended that the Commission enter an order SUSTAINING the Respondent?s Motion to Withdraw Notice of Contest and ADOPTING the parties' Settlement Agreement. HON STUART W. COBB HEARING OFFICER OFFICE OF THE ATTORNEY GENERAL DIV. OF ADMINISTRATIVE HEARINGS 1024 CAPITAL CENTER DRIVE FRANKFORT, KENTUCKY 40601 MAY.27.2015 . . M1339 P. 5 COMMONWEALTH OF KENTUCKY JUN 1 5 2015 OCCUPATIONAL SAFETY AND HEALTH REVIEW COWISSION KENTUCKY LABOR CABINET ADMINISTRATIVE ACTION NO. OF GENERAL COUNSEL KOSHRC DOCKET No. 5220?14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAJNANT v. AND SETTLEMENT AGREEMENT THE TRIXIE FOUNDATION . RESPONDENT Complainant and Respondent agree and stipulate as follows: 1. On or about November 10, 2015, Respondent was issued a citation, alleging numerous violations of the Act and Standards. The Complainant proposed penalties in the amount of $35,000.00 for these violations. 2- The aforesaid citation was issued with respect to the alleged violations of the Act and Standards at Respondent's worksite at or near Webbville, Kentucky. 3. That 011 Or about November 24, 2014, the Reapondent ?led a. Notice of Contest with the Complainant, objecting to and contesting the Citation. This Notice of Contest was duly transmitted to the Kentucky Occupational Safety and Health Review Commission on November 25, 2014. The Complainant ?led a. complaint with the KentuCky Occupational Safety and Health Review Commission on 01' about November 26, 2014. 4. Pursuant to Section 51 of the Kentucky Occupational Safety and Health Review Commission's Rules of Procedure, a settlement has been reached. 5. After weighing the evidence of this case and all the circumstances sunounding the alleged violatiOn, the parties have agreed to the following: -. . . . NO.339 at The Citation shall stand as issued. ReSpondent represents that all violative ceiiditions set forth in the Citation have been abated. (0) Items 004a, 004b, 005, 006a, 006b, 007a, 00713, 00813, and 009 are gr0uped with a preposed penalty of 1,000.00. Items 001, 002, 003, 0083, and 010 are grouped with aproposed penalty of $750.00. The penalty reductions set forth herein are made based on Respondent?s representation that it is a charitable entity as de?ned by the Internal Revenue Service. The proposed penalty of $3 5,000.00 is reduced to 1,800.00 provided all of the conditiOns set forth below are met: Respondent shall pay Complainant $1,800.00, in checks made payable to the Kentucky State Treasurer and mailed to Complainant in twelve (12) consecutive installments of $150.00, commencing June 1, 2015: (ii) Respondent agrees that if payments are not made on or before the IEE day of each month, Paragraph 5(t) is null and void and the penalty reverts to 33 5,000.00 and any unpaid balance thereon is immediately due and payable. Respondent further agrees that the Cabinet may declare Paragraph 5(f) null and void by ?ling a civil action for the entire unpaid balance, that said-civil action may be ?led and maintained in Franklin Circuit Court, and that notice of the civil action by regular U.S. mail to Randy Skaggs, P.O. Box 1, Wehbville, KY 41180, shall constitute notice to Respondent of the ?ling of said action. That as a part of this Stipulation and Settlement Agreement, Respondent has agreed to withdraw its Notice of Contest. (11) Respondent?s agreement as set forth hereinabove and its execution of this Settlement Agreement are not admissions by Respondent of any Violation of the Act or the 3 names . . N0.339 P.l standards or regulations promulgated thereunder nor admissions by Respondent of the truth of any of the allegations 01? mnclusions contained in the Citation or Complaint; provided, however, that the Citation and withdrawal of Notice of Contest may be used as a basis for subsequent failures to abate or repeated Citations issued after approval of this Settlement Agreement by the Kentucky Occupational Safety and Health Program inspections and cases. 6. Pursuant to Section 51 of the Rules of the Kentucky Occupational Safety and Health Review Commission, the Stipulation and Settlement Agreement and attached Motion have been properly posted for emp10yees? inspection for ten (10) consecutive days, beginning the day 0 . x) 0321}: 2015 and continuing through the 3' day of 2015. .9 . . NO.339 P. 8 1N WITNESS THEREOF, the parties have caused this StipulatAgreement to be executed by their duly authorized representa - dat- indica .- 0 below. DAVID N. SHATTUCK RUBBET c. MOORJE KENTUCKY LAB OR CABINET HAZELRIGG COX, LLP OFFICE OF GENERAL COUNSEL 415 WEST MAIN STREET 1047 U.S. 127 SOUTH, SUITE 4 PD. BOX 676 FRANKFORT, KY 40601 FRANKFURT, KY 40602?0676 ATTORNEY FOR COMPLAINANT FOR RESPONDENT DATE: 51?? f5; DATEWMWQE ANTHONY RUSSELL: COMMISSIONER DEPARTMENT OF WORKPLACE STANDARDS KENTUCKY LABOR CABINET 1047 U.S. 127 SOUTH, SUITE 3 FRANKFORT, KY 40601 1 ,1 . - . .N0.339 P.3 COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ADMINISTRATIVE ACTION NO. 60 KOSHRC DOCKET NO. 5220?14 SECRETARY OF THE LABOR CABINET COWONWEALTH OF KENTUCKY COMPLAINANT V. NOTICE AN MOTION TO WITHDRAW NOTICE OF CONTEST HE TRIXIE FOUNDATION RESPONDENT Reapondent moves the Occupational Safety and Health Review Commission for leave to Withdraw its Notice of Contest, ?led herein, and certifies the following: 1. Respondent represents that all the voilative cenditions alleged in the citation have been abated. 2. The proposed penalty of $35,000.00 has been reduced to $1,800.00 and shall be paid in installments, as indicated in the Settlement Agreement. 3. Affected employees have been given notice that this company intends to withdraw its Notice of Contest, by posting this Motion to Withdraw Notice on the company bulletin board, or other central location, for a minimum of ten (10) consecutive days beginning the 3 day of W015 and continuing through the day of 5,015; and if, for any reason, the affected employees have any objections to this withdrawal, they should state objections wi?tin ten (10) days to the Kentucky Occupational Safety and Health Review Commission, #4 Millcreel: Park, Route 3, Millville Road, Frankfort, Kentucky 40601~9427, telephone (502) 573 45892. I 4. Respondent shall, in the future, cemply with all applicable provisions of the Act and Standards. . 140.339 P. 4 Parties have entered into a Stipulation and Settlement Agreement that has been posted according to 803 KAR WHEREFORE, Respondent prays for the approp 0? 1 6147.4 DAVID N. SHATTUCK ROBERT C. MOORE KENTUCKY LABOR CABINET HAZELRIGG COX LLF OFFICE OF GENERAL COUNSEL 415 WEST MAIN STREET 1047 US. 127 SOUTH, SUITE 4 PO. BOX 676 FRANRFORT, KY 40501 FRANRFORT, KY 40602-0676 . ATTORNEY FOR COMFLAINANT ATTORNEY FOR RESPONDENT ANTHONY RUSSELL COMMISSIONER DEPARTMENT OF WORKPLACE STANDARDS KENTUCKY LABOR CABINET 1047 US. 127 SOUTH, SUITE 3 FRANKFURT, KY 40601 Steven l. Besheor lorry L. Roberts Governor Secretory E.H. ?Chip" Smith, IV KENTUCKY LABOR CABINET General Counsel OFFICE OF GENERAL COUNSEL 1047 US Hwy 127SSTE4 Frankfort. Kentucky 40601 Telephone: (502] 564-3070 Telefox: {502) 564-5484 June 16, 2015 Hon. Stuart W. Cobb Hearing Of?cer Administrative Hearings Branch Of?ce of the Attorney General 1024 Capital Center Drive, Suite 200 Frankfort, Kentucky 40601?8204 RE: Secretarv of the Labor Cabinet V. The Trixie Foundation KOSHRC No. 522044 Administrative Action No. 14-KOSH-0360 Dear Judge Cobb: Enclosed is an original Notice and Motion to Withdraw Notice of Contest, Stipulation and Settlement Agreement and proposed Recommended Order Adopting Settlement for the above-referenced case. If these documents meet with your approval, please sign the Recommended Order and ?le it along with the other settlement documents with the Review Commission. Please stamp as received and return the extra copy to this of?ce in the return enve10pe provided. Thank you for your attention to this matter. a Sincerely, 0.) David N. Shattuck Counsel Enclosures 3 cc: KOSH Review Commission KOSH Compliance Kmtudey?g KentuckyUnbrIdledSpirit.com mammary .- An Equol Opportunity Employer RECEIVED COMMONWEALTH OF KENTUCKY MAY 1 9 2915 OCCUPATIONAL SAFETY AND HEALTH KENTUCKY LABOR CAB 1N REVIEW COMMISSION OFFICE OF GENERAL COUNESTEL ADMINISTRATIVE ACTION NO. 14-KOSH-0360 KOSHRC #5220-14 SECRETARY OF LABOR COMMONWEALTH OF KENTUCKY . COMPLAINANT vs. PREHEARING CONFERENCE ORDER THE TRIXIE FOUNDATION RESPONDENT This matter came before the hearing of?cer for a telephonic preheating conference on May 18, 2015. Hon. Rob Moore, Hazelrigg Cox, LLP, appeared for the Respondent, The Trixie Foundation, and Hon. David Shattuck appeared for Labor. The parties are ?nalizing a settlement. Wherefore the hearing of?cer ORDERS that a telephonic prehearing conference is hereby scheduled for June 22, 2015 at 10:00 am. ET. SO ORDERED this 3 day of May, 2015. STUART w. COBB - HEARING OFFICER ADMINISTRATIVE HEARINGS BRANCH OFFICE OF THE ATTORNEY GENERAL 1024 CAPITAL CENTER DRIVE, SUITE 200 FRANKFORT, KY 40601-8204 (502) 696-5442 CERTIFICATE OF SERVICE Hm I hereby certify that a true copy of this ORDER was served this 8 day of May, 2015, by ?rst class mail, postage prepaid, to: ROBERT MOORE HAZELRIGG COX LLP 415 MAIN ST 0 BOX 676 FRANKFORT KY 40602-0676 and by messenger mail to: DAVID SHATTUCK OFFICE OF GENERAL COUNSEL KY LABOR CABINET 1047 US HIGHWAY 127 STE 4 FRANKFORT KY 40601 KY OCCUPATIONAL SAFETY HEALTH REVIEW COMMISSION 4 MILLCREEK PARK FRANKFORT KY 40601 DOCKET COORDINATOR E5 140360105.swc Steven L. Beshear Governor Larry Roberts Secretory EH. "Chip" Smith, IV KENTUCKY LABOR CABINET Genera: Counsel OFFICE OF GENERAL COUNSEL 1047 US Hwy 127 STE 4 Fronkfort. Kentucky 4060] Telephone: (502) 564?3070 Telefox: [502} 564-5484 May 15,3015 Hon. Robert C. Moore Hazelrigg Cox, LLP 415 West Main Street PO. Box 676 Frankfort, KY 40602-0676 RE: Secretary of Labor v. The Trixie Foundation KOSHRC 5220-14 Dear Mr. Moore: Enclosed please ?nd an original and one cepy of a "Notice and Motion to Withdraw Notice of Contest" and a "Stipulation and Settlement Agreement? in the above?styled case. Please sign and date the documents and return the originals to me. Review Commission Rules require that The Trixie Foundation, post a copy of the documents in a place which is conspicuous and available to affected employees for a period of ten days. Upon return of the executed original documents, I will ?le them with the Review Commission. As part of the settlement agreement, the penalty of $35,000.00 has been reduced to $1,800.00 to be paid as set forth in the agreement. The installment payments should be made payable to the Kentucky State Treasurer and forwarded directly to my office upon execution of these documents. Your cooperation in resolving this matter is appreciated. If you? have any questions, please contact me. Sincerely OJ David N. Shattuck Counsel Enclosures [(01qu anagrams SPIRIT An Equal Opportunity Employer COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION . ADMINISTRATIVE ACTION NO. KOSHRC DOCKET NO. 5220-14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT V. NOTICE AND MOTION TO WITHDRAW NOTICE OF CONTEST THE TRIXIE FOUNDATION RESPONDENT ReSpondent moves the Occupational Safety and Health Review Commission for leave to withdraw its Notice of Contest, ?led herein, and certi?es the following: 1. Respondent represents that all the voilative conditions alleged in the citation have been abated. 2. The proposed penalty of $35,000.00 has been reduced to $1,800.00 and shall be paid in installments, as indicated in the Settlement Agreement. 3. Affected employees have been given notice that this company intends to withdraw its Notice of Contest, by posting this Motion to Withdraw Notice on the company bulletin board, or other central location, for a minimum of ten (10) consecutive days beginning the day of May, 2015 and continuing through the day of May, 2015; and if, for any reason, the affected employees have any objections to this withdrawal, they should state objections within ten (10) days to the Kentucky Occupational Safety and Health Review Commission, #4 Millcreek Park, Route 3, Millville Road, Frankfort, Kentucky 40601-9427, telephone (502) 573-6892. 4. Respondent shall, in the future, comply with all applicable provisions of the Act and Standards. Parties have entered into a Stipulation and Settlement Agreement that has been posted according to 803 KAR WHEREFORE, Respondent prays for the appropriate Order of this Commission. DAVID N. SHATTUCK ROBERT C. MOORE KENTUCKY LABOR CABINET HAZELRIGG COX, LLP OFFICE OF GENERAL COUNSEL 415 WEST MAIN STREET 1047 US. 127 SOUTH, SUITE 4 PO. BOX 676 FRANKFORT, KY 40601 FRANKFORT, KY 40602-0676 ATTORNEY FOR COMPLAINANT ATTORNEY FOR RESPONDENT ANTHONY RUSSELL, DEPARTMENT OF WORKPLACE STANDARDS KENTUCKY LABOR CABINET 1047 US. 127 SOUTH, SUITE 3 FRANKFORT, KY 40601 COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ADMINISTRATIVE ACTION NO. 60 KOSHRC DOCKET NO. 5220?14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT V. STIPULATION AND SETTLEMENT AGREEMENT THE TRIXIE FOUNDATION RESPONDENT Complainant and Respondent agree and stipulate as follows: 1. On or about November 10, 2015, Respondent was issued a citation, alleging numerous violations of the Act and Standards. The Complainant preposed penalties in the amount of $3 5,000.00 for these Violations. 2. The aforesaid citation was issued with respect to the alleged violations of the Act and Standards at ReSpondent's worksite at or near Webbville, Kentucky. 3. That on or about November 24, 2014, the Respondent ?led a Notice of Contest with the Complainant, objecting to and contesting the Citation. This Notice of Contest was duly transmitted to the Kentucky Occupational Safety and Health Review Commission on November 25, 2014. The Complainant ?led a complaint with the Kentucky Occupational Safety and Health Review Commission on or about November 26, 2014. 4. Pursuant to Section 51 of the Kentucky Occupational Safety and Health Review Commission?s Rules of Procedure, a settlement has been reached. 5. After weighing the evidence of this case and all the circumstances surrounding the alleged violation, the parties have agreed to the following: The Citation shall stand as issued. Respondent represents that all violative conditions set forth in the Citation have been abated. (0) Items 004a, 004b, 005, 006a, 006b, 007a, 007b, 0081), and 009 are grouped with a proposed penalty of $1,000.00. Items 001, 002, 003, 008a, and 010 are grouped with a proposed penalty of $750.00. The penalty reductions set forth herein are made based on Respondent?s representation that it is a charitable entity as de?ned by the Internal Revenue Service. The proposed penalty of $35,000.00 is reduced to $1,800.00 provided all of the conditions set forth below are met: Respondent shall pay Complainant $1,800.00, in checks made payable to the Kentucky State Treasurer and mailed to Complainant in twelve (12) consecutive installments of$150.00, commencing June 1, 2015: (ii) Respondent agrees that if payments are not made on or before the 181 day of each month, Paragraph 5(f) is null and void and the penalty reverts to $35,000.00 and any unpaid balance thereon is immediately due and payable. Respondent further agrees that the Cabinet may declare Paragraph 5(f) null and void by ?ling a civil action for the entire unpaid balance, that said civil action may be ?led and maintained in Franklin Circuit Court, and that notice of the civil action by regular U.S. mail to Randy Skaggs, P.O. Box 1, Webbville, KY 41180, shall constitute notice to ReSpondent of the ?ling of said action. That as a part of this Stipulation and Settlement Agreement, Respondent has agreed to withdraw its Notice of Contest. Respondent's agreement as set forth hereinabove and its execution of this Settlement Agreement are not admissions by Respondent of any violation of the Act or the standards or regulations promulgated thereunder nor admissions by Respondent of the truth of any of the allegations or conclusions contained in the Citation or Complaint; provided, however, that the Citation and withdrawal of Notice of Contest may be used as a basis for subsequent failures to abate or repeated Citations issued after approval of this Settlement Agreement by the Kentucky Occupational Safety and Health Program inspections and cases. 6. Pursuant to Section 51 of the Rules of the Kentucky Occupational Safety and Health Review Commission, the Stipulation and Settlement Agreement and attached Motion have been properly posted for employees' inspection for ten (10) consecutive days, beginning the day of May, 2015 and continuing through the day of May, 2015. IN WITNESS THEREOF, the parties have caused this Stipulation and Settlement Agreement to be executed by their duly authorized representatives on the dates indicated below. DAVID N. SHATTUCK ROBERT C. MOORE KENTUCKY LABOR CABINET HAZELRIGG COX, LLP OFFICE OF GENERAL COUNSEL 415 WEST MAIN STREET 1047 US. 127 SOUTH, SUITE 4 PO. BOX 676 FRANKFORT, KY 40601 FRANKFORT, KY 40602-0676 ATTORNEY FOR COMPLAINANT ATTORNEY FOR RESPONDENT DATE: {gm-1 2?s" DATE: ANTHONY COMMISSIONER DEPARTMENT OF WORKPLACE STANDARDS KENTUCKY LABOR CABINET 1047 US. 127 SOUTH, SUITE 3 FRANKFORT, KY 40601 ?53 DATE: . . LEOEQVED COMMONWEALTH OF KENTUCKY APR 1 2015 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION KENTUCKY LABOR - RFFICE OF GENERAL COUNSEL ADMINISTRATIVE ACTION 036 KOSHRC #5220-14 SECRETARY OF LABOR COMMONWEALTH OF KENTUCKY COMPLAINANT VS. PREHEARING CONFERENCE ORDER THE TRJXIE FOUNDATION - RESPONDENT This matter came before the hearing of?cer for a telephonic prehearing conference on April 13, 2015. Hon. Catherine Falconer, Hazelrigg Cox, L-LP, appeared for the ReSpondent, The Trixie Foundation, and Hon. David Shattuck appeared for Labor. The parties agree to schedule another telephonic preheating conference to give them time to discuss settlement. Wherefore the heating Of?Cer ORDERS that a telephonic prehearing conference is hereby scheduled for May 18, 2015 at 11:00 am. ET. so ORDERED this i; day oprril,2015. STUART w. COBB HEARING OFFICER ADMINISTRATIVE HEARINGS BRANCH OFFICE OF THE ATTORNEY GENERAL 1024 CAPITAL CENTER DRIVE, SUITE 200 FRANKFORT, KY 40601-8204 (502) 6966442 CERTIFICATE OF SERVICE I hereby certify that a true copy of this ORDER was served this by ?rst class mail, postage prepaid, to: ROBERT MOORE CATHERINE FALCONER HAZELRIGG COX LLP 415 MAIN ST 0 BOX 676 FRANKFORT KY 40602-0676 and by messenger mail to: DAVID SHATTUCK .. OFFICE OF GENERAL COUNSEL KY LABOR CABINET 1047 US HIGHWAY 127 STE 4 FRANKFORT KY 40601 KY OCCUPATIONAL SAFETY HEALTH REVIEW COMMISSION 4 MILLCREEK PARK FRANKFORT KY 40601 DOCKET COORDINATOR 140360104.swc 4w ,7 day oprril, 2015, . RECEIVED COMMONWEALTH OF KENTUCKY MR 1 0 2015 OCCUPATIONAL SAFETY AND HEALTH KENTUCKY LABOR CABINET REVIEW COMMISSION OFFICE OF GENERAL COUNSEL ADMINISTRATIVE ACTION NO. 14-KOSH-0360 KOSHRC #5220-14 SECRETARY OF LABOR COMMONWEALTH OF KENTUCKY COMPLAINANT vs. ORDER RESCHEDULING PREHEARING CONFERENCE THE TRIXIE FOUNDATION RESPONDENT This matter came before the hearing of?cer for a telephonic prehearing conference on . February 9, 2015. Counsel for the Respondent, The Trixie Foundation, was not available, and Hon. DaI/e Shattuck for Labor suggested the prehearit? conference be rescheduled. Wherefore the hearing of?cer ORDERS that a telephonic prehearing conference is hereby scheduled for April 13, 2015 at 11:00 am. ET. so ORDERED this dl day ofMarch, 2015. STUART W. COBB HEARING OFFICER ADMINISTRATIVE HEARINGS BRANCH OFFICE OF THE ATTORNEY GENERAL 1024 CAPITAL CENTER DRIVE, SUITE 200 FRANKFORT, KY 40601-8204 (502)696-5442 CERTIFICATE OF SERVICE 7?53 I hereby certify that a true copy of this ORDER was served this day of March, 2015, by ?rst class mail, postage prepaid, to: ROBERT MOORE CATHERINE FALCONER HAZELRIGG COX LLP 415 MAIN ST - 0 BOX 676 FRANKFORT KY 40602-0676 and by messenger mail to: DAVID SHATTUCK OFFICE OF GENERAL COUNSEL KY LABOR CABINET 1047 US HIGHWAY 127 STE 4 FRANKFORT KY 40601 KY OCCUPATIONAL SAFETY HEALTH REVIEW COMMISSION 4 MILLCREEK PARK FRANKFORT KY 40601 DOCKET COORDINATOR l40360r03.swc RECEIVED FEB 10 2015 COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH o?gg?gg?g??c?gb?g? REVIEW COMMISSION - ADMINISTRATIVE ACTION N0. 14-KOSH-0360 KOSHRC #5220-14 SECRETARY OF LABOR . COMMONWEALTH OF KENTUCKY . COMPLAINANT VS. PREHEARING CONFERENCE ORDER THE TRJXIE FOUNDATION . RESPONDENT This matter came before the hearing Of?cer for a telephonic prehearing conference on February 9, 2015. Hon. Catherine Falconer, Hazelrigg Cox, LLP, appeared for the Respondent, The Trixie Foundation, and Hon. David Shattuck appeared fOr Labor. The parties agree to schedule another telephonic preheating conference to give them time to discuss settlement. Wherefore the hearing Of?cer ORDERS that a telephonic prehearing conference is hereby SCheduled for March 9, 2 15 at 9:90 am. ET. SO ORDERED this I day Of February, 2015. STUART w. COBB HEARING OFFICER ADMINISTRATIVE HEARINGS BRANCH OFFICE OF THE ATTORNEY GENERAL 1024 CAPITAL CENTER DRIVE, SUITE 200 FRANKFORT, KY 40601-8204 (502) 696?5442 CERTIFICATE OF SERVICE - El Jr a: I hereby certify that a true copy?of this ORDER was served this day of February, 2015, by ?rst class mail, pOStage prepaid, to: ROBERT MOORE CATHERINE ALCONER HAZELRIGG COX LLP 415 MAIN ST 0 BOX 676 FRANKFORT-KY 40602-0676 and by messenger mail to: DAVID SHATTUCK OFFICE OF GENERAL COUNSEL KY LABOR CABINET 1047 US HIGHWAY 127 STE 4 FRANKFORT KY 40601 KY OCCUPATIONAL SAFETY HEALTH REVIEW COMMISSION 4 MILLCREEK PARK FRANKFORT KY 40601 g: DOCKET COORDINATOR 40360I02.swc HAZELRIGG 8: Cox, LLP ATTORNEYS AT LAW 415 W331 MAIN Snug-r. 1 JOHN B. Bauonmn P.0- Box 676 Damn L. annmao (1881-1970) ROBERT C. MOORE FRANKFURT. KENTUCKY 40602-0676 LOUIS COX (1907-1971) MARK R. Fax: (502} 875-7158 Tamrno?z: (502} 227-2271 February 5, 2015 Via Electronic Mail Hon. David N. Shattuck Kentucky Labor Cabinet Of?ce of General Counsel 1047 US. 127 South, Suite 4 Frankfort, KY 40601 Re: Secretary of Labor, Commonwealth of Kentucky (?Labor?) v. The Trixie Foundation, 5220-14 Dear Mr. Shattuck: Pursuant to our earlier discussions, I have been authorized to forward this offer to settle the above-referenced case for the amount of $1,540.00, rather than the proposed penalty of $3 5,000.00. The settlement of this case for this amount appears to be appropriate based on the following factors. The Trixie Foundation is a non-pro?t company operating a 200 acre, cage?less, ?no-kill?, animal sanctuary located in Elliot County, Kentucky. It is quali?ed as a 501( charitable entity by the Internal Revenue Service, and virtually all of its income comes from the charitable contributions that are made to it by donors. The Trixie Foundation is the only facility in Elliot County that will accept abandoned dogs and cats, whether picked up by law enforcement of?cials or by citizens. It provides a critical service to Elliot County and its surrounding counties, and .does not have the funds to pay the preposed penalty and stay in business. In reviewing the citations, Citation 01, Item 0043, Citation 01, Item 004b, Citation 001, Item 005, Citation 01, Item 006a, Citation 01, Item 006b, Citation 01, Item 007a, Citation 01, Item 007b, Citation 01, Item 008b, and Citation 01, Item 009 all arise out of a 220 volt breaker box located in the employee bathroom. The total proposed penalty for these citations is $21,000. These items certainly could have been grouped under one item, which would have resulted in a proposed penalty of $3,500. Furthermore, the 220 breaker box was in living quarters and the employees would not have been exposed to it during the work day. With respect to the remaining citations, the total proposed penalty for Citation 01, Item 001, Citation 01, Item 002, Citation 01, Item 003, Citation 01, Item 008a, and Citation 01, Item 010 is $14,000.00. Citation 01, Item 001, with a proposed penalty of $2,100.00, arises out of mold and dog and cat feces and urine allegedly discovered in the living quarters of the employees and also the employer. The employees would not have been exposed to this alleged mold and dog and cat feces and urine during the Work day. Therefore, a proposed penalty for the I remaining citations should have been $11,900.00. Hon. David N. Shattuck February 5, 2015 Page Two It is important to note that each of the cited conditions has been abated, with the exception of the ?ooring in Mr. Skagg?s personal residence. Mr. Skaggs no longer allows employees to enter his personal residence. Nevertheless, the ?ooring will be repaired when weather conditions improve. Based on the above information and the fact that the Trixie Foundation is a charitable, non-pro?t entity that relies upon donations made to it for its survival, the Trixie Foundation proposes to settle this case for the amount of $1,540, which is ten percent of the cited amount, a?er apprOpriate grouping has been done and citations not involving the work place have been deleted. The payments would be made over a twelve month period. Please provide me with the Labor Cabinet?s reply to this settlement offer at your earliest convenience. Please note that this settlement offer is not admissible in evidence. ours MW Robert C. Moore RCM/neb cc: The Trixie Foundation 0 JAN 0 8 2015 COMMONWEALTH OF KENTUCKY KENTUCKY LABOR CABINET OCCUPATIONAL SAFETY AND HEALTH OF GENERAL COUNSEL REVIEW COMMISSION ADMINISTRATIVE ACTION NO. 14-KOSH-0360 KOSHRC #5220-14 SECRETARY OF LABOR CONIMONWEALTH OF KENTUCKY COMPLAINANT vs. PREHEARING CONFERENCE ORDER THE TRIXIE FOUNDATION RESPONDENT This matter came before the hearing of?cer for a telephOnic preheating conference on January 5, 2015. Hon. Catherine Falconer, Hazelrigg Cox, LLP, appeared for the Respondent, The Trixie Foundation, and Hon. David Shattuck appeared for Labor. The parties agree to schedule another telephonic preheating conference to give them time to discuss settlement. Wherefore the hearing Of?cer ORDERS that a telephonic prehearing conference is hereby scheduled for February 9, 2015 at 9:00 am. ET. SO ORDERED this 5 day ofJanuary, 2015. - STUART W. COBB HEARING OFFICER ADMINISTRATIVE HEARINGS BRANCH OFFICE OF THE ATTORNEY GENERAL 1024 CAPITAL CENTER DRIVE, SUITE 200 FRANKFURT, KY 40601-8204 (502) 696-5442 I hereby certify that a true copy of this ORDER was served this 5 2015, by ?rst class mail, postage prepaid, to: ROBERT MOORE CATHERINE FALCONER HAZELRIGG COX LLP 415 MAIN ST 0 BOX 676 FRANKFORT KY 40602-0676 and by messenger mail to: DAVID SHATTUCK OFFICE OF GENERAL COUNSEL KY LABOR CABINET 1047 US HIGHWAY 127 STE 4 FRANKFORT KY 40601 KY OCCUPATIONAL SAFETY HEALTH REVIEW COMMISSION 4 MILLCREEK PARK KY 40601 DOCKET COORDINATOR 1403601'01 .swc CERTIFICATE OF SERVICE +f0~ day of January, . . RECEIVED COMMONWEALTH OF KENTUCKY DEC 2 3 20"! OCCUPATIONAL SAFETY AND HEALTH KENTUCKY REVIEW COMMISSION OFFICE OF (353,509 -RAL COUNSEL ADMINISTRATIVE ACTION NO. KOSHRC #5220-14 SECRETARY OF LABOR COMMONWEALTH OF COMPLAINANT vs. THE TRIXIE FOUNDATION . RESPONDENT ?k ?k air it 9: . NOTICE ASSIGNING CASE, AND ORDER SETTING FILING REQUIREMENTS, AND SCHEDULING PREHEARIN CONFERENCE The Occupational Safety and Health Review Commission has recently requested that the Administrative Hearings Branch, Of?ce of the Attorney General, assign a Hearing Of?cer to hear this case. Therefore, IT IS HEREBY ORDERED: 1. This case is assigned to Hearing Of?cer Stuart W. Cobb, Administrative Hearings Branch, Of?ce of the Attorney General, 1024 Capital Center Drive, Suite 200, Frankfort, KY 40601-8204 (Telephone 502-696-5442; Fax 502-573-1009). 2. The Hearing Of?cer will conduct a telephonic prehearing conference in this matter on January 5, 2015, at 10:00 3.111. Eastern time. The Hearing Of?cer will place the conference call to the parties. 3. If either party is unable to attend this telephonic-preheating conference, the party may ask the Hearing Of?cer to reschedule the telephonic prehearing conference to another date. 0 To make such a request, the party shall discuss the matter with the opposing party, shall find several alternative dates and times that are convenient for both parties, and shall call the Hearing Officer?s of?ce and request a new date that is convenient to the parties and to the Hearing Of?cer. 4. This telephonic prehearing conference is scheduled to provide the opportunity for discussion of jurisdictional matters, settlement possibilities, preparation of stipulations, clari?cation of issues, rulings on witnesses, taking of evidence, issuance of subpoenas and orders, and other matters that will promote the orderly and prompt conduct of the hearing. 5. Unless permitted by order of the Hearing Of?cer, parties in this administrative action shall not. serve any documents on the Hearing Of?cer by email or facsimile. You may serve documents on the Hearing Officer by US. mail or other hard copy delivery service. If you are serving a document on the Hearing Of?cer that has a service deadline, your method of service must be postmarked by the deadline. 6. The Administrative Action Number found in the heading of this Order shall be included on every pleading or document sent to the Hearing Officer in this case. - to. so ORDERED this day ofDecember, 2014. STUART W. COBB HEARING OFFICER ADMINISTRATIVE HEARINGS BRANCH OFFICE OF THE ATTORNEY GENERAL 1024 CAPITAL CENTER DRIVE, SUITE 200 FRANKFORT, KY 40601?8204 (502) 696-5442 CERTIFICATE OF SERVICE I hereby certify that a true COpy of this ORDER was served this day of December, 2014, by ?rst class mail, postage prepaid, to: ROBERT MOORE HAZELRIGG COX LLP . 415 MAIN ST 0 BOX 676 FRANKFORT KY 40602-0676 and by messenger mail to: DAVID SHATTUCK OFFICE OF GENERAL COUNSEL KY LABOR CABINET 1047 US HIGHWAY 127 STE 4 FRANKFURT KY 40601 KY OCCUPATIONAL SAFETY HEALTH REVIEW COMMISSION 4 MILLCREEK PARK FRANKFORT KY 40601 DOCKET COORDINATOR 140360as.swc . . RECEIVED DEC 1 9 20M- COMMONWEALTH OF KENTUCKY KENTUCKY LABOR CABINET OCCUPATIONAL SAFETY AND HEALTH OFFICE OF GENERAL COUNSEL REVIEW COMMISSION KOSHRC #5220?14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT VS THE TRIXIE FOUNDATION RESPONDENT NOTICE OF ASSIGNMENT The Complaint and Answer herein having been filed, all parties to the above- styled action will take notice this case is hereby forwarded to the office of the Attorney General, Division of Administrative Hearings for assignment to a hearing officer and scheduling of a hearing date. When assignment is made and a hearing date is established, notice of the name of the hearing officer and the date, time, and place of hearing will issue from the Attorney General's Office. I All future pleadings and papers shall be ?led with that office. with a copy to this Commission, until a recommended decision of the hearing of?cer, determinative. of the issues - involved, is filed with the Commission for issuance by it in this matter. The mailing address for filing of original pleadings is: Division of Administrative Hearings; Office of the Attorney General; 1024 Capital Center Drive, Suite 200; Frankfort, KY 40601-8204. The telephone number is (502) 696-5442, and the facsimile number is (502) 573- 8315. (fig/Q Eddie t/Ja?cobs Executive Director KOSH Review Commission . #4 Millcreek Park Frankfort, KY 40601 CERTIFICATE OF SERVICE i hereby certify that a true and correct copy of the foregoing Notice of Assignment is being served by messenger mail upon the following: DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF ATTORNEY GENERAL ATTN: STEPHANIE BRAMBLET 1024 CAPITAL CENTER DR. STE 200 FRANKFORT KY 40602?8204 DAVID N. SHATTUCK KENTUCKY LABOR CABINET OFFICE OF GENERAL COUNSEL 127 SOUTH - STE 4 FRANKFORT KY 40601 and by First Class Mail: ROBERT C. MOORE HAZELRIGG 8. COX. LLP 415 WEST MAIN STREET PO. BOX 676 FRANKFORT, KY 40602-0676 This 18?? day of December, 2014. ?ag Eddie .J'ea 665 PH (502) 573 6892 FAX: (502)573-4619 . . RECEIVED 1 5 23a COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH KENILICKY LABOR REVIEW COMMISSION OFFICI: OF GENERAL COUNSEL KOSHRC DOCKET NO. 5220-14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT vs. ANSWER OF THE TRIXIE FOUNDATION THE TRIXIE FOUNDATION RESPONDENT Comes the Respondent, The Trixie Foundation, by counsel, and for its Answer to the Complaint of the Secretary of the Labor Cabinet, states as follows. 1. The ReSpondent admits the truth of the allegations contained in paragraphs 1, 2 and 8 Of the Labor Cabinet?s Complaint. I 2. That with respect to the allegations contained in paragraph 3 of the Labor Cabinet?s Complaint, the Respondent admits that an inspection was conducted Of The Trixie oundation?s facilities, but is without knowledge or information suf?cient to form a belief as to the truth of the remaining allegations contained in said paragraph, and therefore denies same. 3. The Respondent is without knowledge or information sufficient to form a belief as to the truth Of the allegations contained in paragraph 4 Of the Labor Cabinet?s Complaint, and therefore denies same. 4. The Respondent denies the truth of the allegations contained in paragraphs 5 and 6 Of the Labor Cabinet?s Complaint. 5. That with reSpect to the allegations contained in paragraph 7 Of the Labor Cabinet?s Complaint, the Respondent admits that the Cabinet issued a noti?cation ?xing abatement dates and setting proposed penalties but is without knowledge or information suf?cient to form a belief as to the truth of the remaining allegations set forth in said paragraph and therefore denies same. 6. responded. The Respondent denies the truth of any allegations to which it has not speci?cally FIRST DEFENSE The Complaint of the Complainant fails to state a claim against the Respondent upon which relief can be granted. WHEREFORE, the Respondent, The Trixie Foundation, respectfully requests: 1. 2. L1) That the Commission dismiss the citation issued to The Trixie Foundation; For a hearing on all issues oflaw and fact in accordance with the policies, procedures, and regulations of the Kentucky Occupational Safety and Health Review Commission; and, All other relief and orders to which The Trixie Foundation, may be entitled. ?Respect-fully submitted, 2) . Amy? 10/, sci Robert C. Moore I-IAZELRIGG COX, LLP 415 West Main Street P. O. Box 676 Frankfort, Kentucky 40602-0676 502-227?2271 phone/502-875-7158 fax rmoore@hazelcox.com CERTIFICATE OF SERVICE It 15 hereby certi?ed that a c0py ofthe foregoing was mailed ?rst class mail postage prepaid on this the _day of December 2014, on the following: David N. Shattuck Kentucky Labor Cabinet Of?ce of General Counsel 1047 US. 127 South, Suite 4 Frankfort, KY 40601 KOSH Review Commission Route 3, Millville Road #4 Millcreek Park Frankfort, KY 40601 (x Robert C. Moore COMMONWEALTH OF KENTUCKY DEC - I 233% OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION LABOR CABINET OFFICE OF GENERAL COUNSEL KOSHRC 5220?14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY I COMPLAINANT VS. THE-TRIXIE FOUNDATION RESPONDENT NOTICE RECEIPT OF CONTEST You are advised that the KOSH Review Commission has received and docketed the contest of occupational safety and health Citations and/or penalties which were issued to the above- named Respondent by the Kentucky Secretary of Labor. The time periods permitted for correction of cited violation(s) which are contested in good faith are suspended and shall not begin to run until entry Of a ?nal order of the Review Commission. The Respondent is advised that a copy Of the letter of contest and a Notice to Employees are enclosed with this Notice and that the Commission's rules of procedure require that these documents be posted for inspection by affected employees. You are further required to advise the Commission that posting and/or serving of these documents has been accomplished, and a Certi?cation Of Employer form is enclosed for this purpose. Failure to fulfill posting requirements and return the Certification of Employer form could result in dismissal of the contest in this matter. Additional information and instructions for Respondent are included On the enclosed information sheet. Please read this sheet Closely and follow all instructions carefully. When an employer files his notice of contest to a Citation, the case is referred to this review commission. As soon as the commission dockets the case, our rules of procedure take effect. Our rules are designed to insure that the parties to the case, the employer and the Secretary of Labor, receive due process of law. Our rules control every aspect of the case; an internet link to our rules can be found on our website: . Statutes and regulations can be found linked on the left side of the screen. Under the regulations section, click on 803 KAR 50:010 which is a link to our rules. These rules can be downloaded and printed for your convenience. All future documents and communications relating to this case must include the case name and docket number (KOSHRC and should be mailed to: KOSH Review Commission, #4 Millcreek Park, Frankfort KY 40601; PH: (502) 573-6892 and FAX (502) 573-4619. Copies of any pleading or correspondence filed with the Commission must be served upon all parties to this case. This Notice of Receipt of Contest is being served this day of I 2014, by first class mail or messenger delivery upon the following parties: FOR THE COMPLAINANTICOMMISSIONER OF LABOR: DAVID N. SHATTUCK OFFICE OF GENERAL COUNSEL KENTUCKY LABOR CABINET 1047 127 SOUTH STE 4 FRANKFORT, KY 40601 FOR THE RANDY SKAGGS THE TRIXIE FOUNDATION PO. BOX 1 WEBBVILLE, KY 41180 4? Eddie Jaggp? Executiv irector KOSH eview Commission l. t. INSTRUCTION TO EMPLOYER: THIS DOCUMENT MUST BE POSTED ALONG WITH A COPY OF THE LETTER OF CONTEST AT A LOCATION READILY VISIBLE TO AFFECTED EMPLOYEES. - PRIOR TO POSTING YOU MUST COMPLETE THE FOLLOWING STATEMENT: ALL PAPERS RELEVANT TO THIS MATTER MAY BE INSPECTED AT: KOSHRC #5220-14? NOTICE TO EMPLOYEES OF THE TRIXIE FOUNDATION 1. Your employer has been cited by the Secretary of Labor of the Commonwealth of Kentucky alleging violation(s) of the Kentucky Occupational Safety and Health Act of 1972. The citation has been contested and will be the subject of hearing before the Kentucky Occupational Safety and Health Review Commission. All Review Commission hearings are open to the public for observation by any individual. 2. Affected employees are entitled to take an active part in this hearing as parties under terms and conditions established by the Kentucky Occupational Safety and Health Review Commission in its Rules of Procedure, copy of which may be obtained upon request to the Commission's of?ces. 3. Section 15 (3) of the Commission?s Rules of Procedure requires that affected employees who are represented by an authorized employee representative (Union) may appear o_nly through such authorized employee representative. Therefore, if you are not represented by a Union_o_r you are designated as the union representative for affected employees, and you desire to take an active part in the' hearing, you must make a written request for party status to: KOSH Review Commission, #4 Millcreek Park, Frankfort, KYI40601. Please identify yourself and your employer and provide your mailing address and the case docket number (KOSHRC I. I. COMMONWEALTH OF KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION KOSH RC #5220-14 SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT VS. THE TRIXIE FOUNDATION RESPONDENT CERTIFICATION OF EMPLOYER On behalf of the employer in the above?styled case, I hereby certify that on (date), the Notice to Employees supplied by the Commission advising affected employees of this case AND a copy of employer's Notice of Contest were posted immediately upon receipt at each place where the Kentucky Occupational Safety and Health Act Citation is required to be posted. If below is applicable, I further certify that copy was also served upon each local union representing affected employees by first-class mail or personal delivery on (date). MARK AN BY THE STATEMENT THAT IS CORRECT Affected employee(s) are 1193 represented by an authorized employee representative (Union). (If this statement is correct, you must post the Notice to Employees and a copy of the letter of contest, then sign and return this form to the Review Commission in the enclosed envelope. The name and address of each local union representing affected employees is: (If this statement is correct, fill in union name and address, send or deliver a copy of the Notice to Employees and the letter of contest to each Union, then sign this form and return it to the Review Commission in the enclosed envelope.) COMPLETED BY: (Date) (Signature and Title) ETHIs CERTIFICATE Is To: BE COMPLETED AND: RETURNED TO) THE KOSH REVIEW FRANNFORT KN, (IN THE: ENVELOPE PROVIDE.) NO LATER THAN THE FIRST WORKINGM . FOLLOWING THE DATE OF entuck KOSH REVIEW COMMISSION #4 Millcreek Park Frankfort, KY 40601 (502) 573-6892 - (502) 573?4619 Fax# Web: Occupational Safety and Health Review This information is provided to assist you in understanding how your case will proceed and is intended for that purpose only. You must refer to the Commission's Rules of Procedure (803 KAR 50:010) for guidance about specific rules, which can be found on our website at . Statutes and regulations can be found linked on the left side of the screen. Under the regulations section, click on 803 KAR 50:010 which is a link to our rules. These rules can be downloaded and printed for your convenience. PLEASE READ CAREFULLY 1. The KOSH Review Commission was established by statute as an independent agency to provide due process of law to those who contest occupational safety and health citations. (See KRS 338.071, and KRS 338.081) The Commission is a part of Kentucky's Occupational Safety and Health program, but it is completely independent of the Labor Cabinet. Stated simply, an attorney for the Labor Cabinet is responsible for prosecuting your case, and the Review Commission is responsible for hearing the evidence presented by both parties and reaching a fair and impartial decision. The Secretary of Labor has the burden of proving the charges alleged in the citation and that the complaint is accurate. If the commissioner fails to prove his case, the citation will be dismissed by the Review Commission (See 803 KAR 50:010, Section 43 (1) of the commission's Rules of Procedure. 2. In proceedings before the Review Commission if your business is not incorporated you may represent yourself or hire an attorney. If your business is incorporated, you must hire an attorney to represent the corporation before the Review Commission. Whichever ofthese options fits your circumstances, you will be'allowed full participation. See Attachment the KBA Advisory Ethics Opinion U-64. 3. In order for you to fully participate in the prehearing telephone conferences with the hearing officer and the Labor Cabinet's attorney, you should be familiar with the enclosed Rules of Procedure. Failure to follow these rules could result in dismissal of your contest. You may contact someone at our office, (502) 573?6892 for questions about procedural matters. However, you may not discuss the merits with anyone at the Commission unless all parties to the case are present, either in person or by telephone. See Section 54 ofthe Commission's Rules of Procedure. 4. Within twenty (20) days from the date the Labor Cabinet received your letter of contest, the Secretary is required to file a formal complaint with this Commission. The Secretary of Labor will serve you a copy of the complaint either by certified mail or personal service. Section 20 (4) of the Commission's rules says you shall file a written response, also called an Answer, to the complaint within fifteen (15) days ofthe date you received the complaint. Your answer should deny any fact asserted in the complaint with which you disagree; 3 general denial is all that is necessary. Any allegation in the complaint not denied will be deemed admitted and can be used against you at the hearing. The original of your answer is to be mailed to the Review Commission, and a copy of your answer is to be mailed to the Labor Cabinet. If you require additional time to respond, you may file a written request for an extension with the Review Commission. Extensions will be granted at the discretion of the Review Commission. If you fail to file an answer, your case will be dismissed by this commission or its hearing officer. 5. Once we receive your answer here at the Review Commission, your case will be forwarded to the Office of the Attorney General for assignment to a hearing officer and scheduling of a hearing. The hearing officer vviII preside over and regulate the course of the hearing. If necessary, the hearing officer has the duty and authority to exclude any individual from the hearing who engages in improper or disrespectful conduct. See Section 36 (6) of our Rules of Procedure. 6. After the hearing is concluded and the parties have submitted briefs to the hearing officer, the hearing officer will forward his recommended order to the Commission for issuance. When the hearing officer's order is issued by the Commission, a copy will be mailed?to you. If you do not agree with the hearing officer's recommended order, you may ask the Commission to review the hearing officer's recommended order. To do this, you must file a petition for discretionary review with the commission. The petition must be received by the commission within 25 days of the date the hearing officer's recommended order is issued. See Section 48 of the Commission?s Rules of Procedure. 7. The Review Commission encourages settlement of its cases at any stage of the proceedings. If settlement of this case is an option you would like to pursue, you are encouraged to contact the attorney who filed the complaint for the Secretary of Labor (see page 2 of the Notice of Receipt of Contest) at (502) 564-3070. I. I. KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION WHAT IS AN As the representative of record for the Respondent, you were mailed a copy of the complaint from the Secretary of the Kentucky Labor Cabinet. Before the case can proceed to the Attorney General?s office for a hearing, you must respond to the Complaint issued by the Labor Cabinet. This reSponse is called an ANSWER. If you are incorporated, this answer must be filed by an attorney. Please see Attachment KBA Advisory Ethics Opinion 11-64. In preparing the answer, you may either do a general denial of claims set forth in the Complaint or you may address specific claims individually and either admit or deny those claims. An example answer filed by either a corporation or a sole proprietorship is included for your review. Please see ?Attachment KBA Advisory Ethics Opinion U-64 for full explanation of filing by a corporation and/or sole proprietorship. If you deny a claim, you should provide a brief explanation of why the Review Commission should dismiss or modify that claim. Please be advised that the Review Commission will treat any claims not denied as true. Also please note that an answer is not the same as the "Notice of Contest? you previously sent to the Labor Cabinet. The Review Commission needs a separate answer once the Complaint from the Labor Cabinet has been issued. The original of your Answer must be mailed to: KOSH Review Commission #4 Millcreek Park Frankfort, KY 40601 A copy of your answer must also be mailed to the attorney at the Labor Cabinet who wrote the Complaint. The mailing address can be found on your complaint. You should indicate at the bottom of the answer that you have sent a copy to the attorney for the Labor Cabinet. WHAT HAPPENS After your answer is received by the Review Commission, the case will be forwarded to the Attorney General? 5 Office, Division of Administrative Hearings. When. this occurs, you will receive formal written notice. The case will then be assigned to a hearing officer and scheduled for a telephonic prehearing conference. The hearing officer will discuss the case with you and the attorney for the Compiaint during the telephone conference; a date for the hearing of the case will be scheduled when it becomes obvious the parties cannot reach a settlement. You may address any additional questions you might have about the pretrial process or the hearing to the hearing officer. IMPORTANT ADDRESSES and PHONE NUMBERS: KOSH Review Commission Office of General Counsel Division of Administrative Hearings #4 Millcreek Park Kentucky Labor Cabinet Attorney General?s Office Frankfort, KY 40601 1047 US Hwy 127 South 1024 Capital Center Drive, Suite 200 (502) 573-6892 Frankfort, KY 40601 Frankfort, KY 40601 (502) 573-4619 fax (502) 564-3070 (502) 696-5300 Web: Web: Web: t. I. EXAMPLE OF CORPORATION ANSWER Qg?g?sf It?is il be: SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY - COMPLAINANT VS. EQMPAWNAME RESPONDENT On behalf of IcOmpany.'name Will go here I admit I deny the claims contained in Paragraph (insert paragraph number(s)) of the Complaint. I admit deny violation of Citation NO. (insert citation number), Item No. (insert item number). This item should be dismissed or modified by the Review Commission because (give explanation). (Repeat the above paragraph for every individual claim you wish to deny.) Attorney Name Company Name Street Address City, State, Zip Code Phone Number Office Of General Counsel Kentucky Labor Cabinet 1047 US. 127 South Frankfort, KY 40601 MAIL ORIGINAL ANSWER TO: KOSH REVIEW COMMISSION, #4 Millcreek Park, Frankfort, KY 40601 I. EXAMPLE OF SOLE PROPRIETORSHIP ANSWER hm.? SECRETARY OF THE LABOR CABINET COMMONWEALTH OF KENTUCKY COMPLAINANT vs. NAME RESPONDENT On behalf of Icompany name-vvill oo'he're . I admit/deny the claims contained in Paragraph (insert paragraph number(s)) of the Complaint. I admit/deny violation of Citation No. (insert citation number), Item No. (insert item number). This item should be dismissed or modified by the Review Commission because (give explanation). (Repeat the above paragraph for every individual claim you wish to deny.) Name Company name Street Address City, State, Zip Code Phone Number cc: NaHm'e'ofILab?Oris Attorney Office of General Counsel Kentucky Labor Cabinet 1047 US. 127 South Frankfort, KY 40601 MAIL ORIGINAL ANSWER TO: KOSH REVIEW COMMISSION, #4 Millcreek Park, Frankfort, KY 40601 .. 1. .. Attachment ADVISORY stares OPINION UNAUTHORIZED PRACTICE OF LAW OPINION KBA 64 November 2012 Can a non-lawyer request that a board or agency initiate an administrative action and grant a hearing or ?le an answer on behalf of an otherwise unrepresented corporation or other arti?cial entity in an administrative hearing? AnsWer: No. Question 2: Can a non- lawyer call himself or others, on behalf of an otherwise unrepresented corporation or other arti?cial entity, as a witness and provide fact testimony at an administrative hearing? Question 1: Answer: No. Question 3: Can a hearing officer call a witness to provide fact testimony at an administrative hearing? Answer: Quali?ed yes. While the hearing of?cer may not call a witness speci?cally on behalf of the corporation or other arti- ?cial entity the hearing of?cer may call a witness in order to elicit all relevant facts that may be necessary to conduct the hear ing References: SCR 3. 020, Turner v. Kentucky Bar Association ,980 S. W.2d 560 (Ky. 1998), SCR 3.130-5.5, Countmvide Home Loans, Inc. et.a1v Kentucky Bar Association ,113 S. W. 3d 105 (Ky. 200312-, KBA U- 15, KBA U-17, KBA U- 43, Kentuc State Bar A 1. v.11e11 Vo Machine Co., 416 S. W.2d 727 (Ky. 1967), KBA Labor Cabinet 31. Boston Gear, [110 25 130(Ky. 2000). AUTHORITY SCR 3.020 de?nes the practice of law. The Sopreme Court of Kentucky has the exclusive authority to promulgate rules governing the practice of law. Turner v. Kentucky Bar Association, 980 560 (Ky. 1998). The compelling reason for such regulation is to protect the public against rendition of legal services by unquali?ed persons. Corn- ment to Kentucky Rule of Professional Conduct SCR 3.130-5.5. The practice of law is de?ned by SCR 3. 020 as any service ?involving legal knowledge or legal advice, whether of representation, counsel or advocacy 1n or out of rendered 1n respect to the rights, duties, obligations, liabilities, or business relations of one requir? ing the services.? The ?unauthorized" practice of law is the performance of those de?ned services by non?lawyers for others. ?ome Loans, lnc. et, al v. Kentucky Bar Association,113 SW. 2d 105 (Ky. 2003). Corporations are not permitted to practice law in the Commonwealth. Kentucky Bar Association v..Tussev. 476 l7? (Ky. 1972); KBA Kentucky Bar Association v. Legal Alternatives, Inc., 792 368 (Ky. 1990). OPINION The questions presented in this opinion are not completely new and for the most part have been addressed in previous formal unau- thorized practice opinions. The KBA, in Opinion U- 52, addressed these issues in part when presented with the question of whether or not a non- lawyer may represent parties before the Kentucky Department of Workers Claims. The opinion held that non- -attorneys may not represent parties before the agency because ?[r]epresentation of parties before administrative agencies is the practice of law, as it necessarily involves legal advice, counsel and advocacy." Also, 52, summarizing previous related opinions, stated. ?Non- lawyers have been prohibited from representing corporations and individuals before the Kentucky Department of Transporta- tion (Opinion KBA before a city civil se1 vice comnrission (Opinion KBA U- 12); before the Kentucky Unemployment insurance Commission (Opinion before theKentucky Board ofTax Appeals (Opinion KBA U417) and in quasi-adjudicative proceed- ings'before zoning boards and zoning authorities (Opinion U-43) See also Kentucky State Bar Assn. v. enrv V021 Machine Co.. Ky, 416 W.2d 727 (1967). In addition to the UPL Opinions referenced above, the Bar Association has also held that a non?attorney may not appear before a faculty grievance cemmittee as a representative of another individual 111 proceedings before the university faculty grievance commit- tee. (KBA U-34). Furthermore, U-34 advises that where a member of a quasi-judicial body knows that the person is not licensed to practice law in the Commonwealth of Kentucky, that member would be aiding in the unauthorized practice of law to allow the non? attorney to appear in front of that committee. However, Secretary, Labor Cabinet v, ?ngstonGear;1 Inc., 25 130 (Ky. 2000) clari?es that it may be necessary for a hearing of?cer to ?fully elicit? all relevant facts" at a treating, which may require taking testi? mony from a non-attorney. 1d. at 134. That would not be considered the unauthorized practice of law. Note to Reader This unauthorized p1 actice opinion has been forl 111(1in adopted by lire Board of Goveivrors qft?ire Kenmcig' Bar Association under the provisions ofKe 1111101111 Sinneme Rule 3. 530 (or its predecessor that the Rule p1 owdes 111 part ?Both infor- mal and for ma! opinions shall be adviso1y only." 36 Bench Bar March 2013 COMMONWEALTH OF KENTUCKY SAFETY AND HEALTH REVIEW COMMISSION KOSHRC DOCKET FELE NO. 5220-14 '2 a mu SECRETARY OF THE LABOR CABINET COMPLAINANT COMMONWEALTH OF KENTUCKY Kosn REVIEW COMMISSIO v. COMPLAINT THE TRIXIE FOUNDATION RESPONDENT Inspection and investigation have disclosed that at the time and in the manner hereinafter stated, the provisions of the Kentucky Revised Statutes Chapter 338, hereinafter referred to as the Act, and the Occupational Safety and Health Standards promulgated pursuant to KRS 338.051 (29 CFR 1910 and 1926 as adepted by 803 KAR 2:300 through 803 KAR 2:600), hereinafter referred to as the Standards, have been violated. It is therefore averred and charged that: 1. Larry Roberts, Complainant, is the duly appointed Secretary of the Labor Cabinet, a state governmental agency created by Executive Order 2008?472 and vested vvith all the duties, function, responsibilities, and enforcement authority specified in KRS Chapters 336, 337, and 338. 2. As palt of his duties as Secretary of the Labor Cabinet, Larry L. Roberts is charged with enforcing the provisions of KRS 338.011 et_seq., the Occupational Safety and Health Law, which applies to the Respondent as an employer doing business in the Commonwealth of Kentucky. He also enforces the regulations duly promulgated pursuant to KRS 338.061, to wit: the Occupational Safety and Health Standards (Title 29, Code of Federal Regulations, Chapter XVII, Parts 1910 and 1926, as adopted by 803 KAR 2:300 through KAR 2:600). 3. Pursuant to KRS 338.101, a representative of the Secretary conducted an inSpection and investigation of a place of employment on or about May 19, 2014 through July 1, 2014. Said place of employment was located in or near Webbville, Kentucky, where manufacturing (sic) was being conducted by and under the direction and control of the Respondent, The Trixie Foundation, a sole owner corporation duly authorized to do business in the Commonwealth of Kentucky. 4. The inspection of the place of employment described in paragraph 3 above was conducted during the regular business hours of the Respondent by Anthony Bledsoe, a Compliance Of?cer then and now in the employ of the Division of Occupational Safety and Health Compliance, a division of the Kentucky Labor Cabinet, Department of Workplace Standards, acting as and being an authorized representative of the Secretary, pursuant to his duties as a Compliance Officer. 5. In the course of the inspection and investigation of Respondent, The Trixie I Foundation became aware of conditions, means, manners, and practices of employment at the place of employment in paragraph 3 above which violate Safety and Health Standards Board Regulations I 803 KAR 2:300 through 803 KAR 2:600, pursuant to authority of Section 338.061 of the Kentucky Revised Statutes, which subjected Respondent's employees to illness, injury, or death, as set forth in the citation and noti?cation of penalty issued to the Respondent, which is attached hereto and made a part of this Complaint as Exhibit A as if fully set out herein. - 6. The violations alleged in paragraph 5 are serious within the meaning of the Act, and . a citation was issued therefore on November 10, 2014. 7. - On November 10, 2014, the Cabinet issued a noti?cation ?xing the abatement dates and proposed penalties for the violations to the Respondent, as set forth in the citation and made a part of this Complaint in paragraph 5 hereinabove. In determining the amount of the proposed penalties, due consideration was given to the size of the business of the Respondent, the gravity of the violations, the good faith of the employer, and the Respondent?s history of violations. The abatement dates estabilsh the shortest practical time in which abatement can be accomplished, giving due consideration to the number of affected employees and the nature of the hazards involved. 8. ReSpondent, on or about November 24, 2014, ?led a Notice of Contest with Complainant, objecting to and contesting the amount of the penalties for the multiple items in the citation. Said noti?cation of intent to contest was duly transmitted to the Review Commission on NoVember 25, 2014. . WHEREFORE, Complainant respectfully requests: That the Commission af?rm the citation, assess the penalties, and af?rm the original periods of abatement against the Respondent; 2. A hearing on all issues of law and fact in accordance with the policies, procedures, and regulations of the Kentucky Occupational Safety and Health Review Commission; and, 3. All other pr0per relief and orders to which the Complainant may be entitled. Respectfully submitted, DAVID N. SHATTUCK KENTUCKY LABOR CABINET OFFICE OF GENERAL COUNSEL 1047 US. 127 SOUTH, SUITE 4 FRANKFORT, KENTUCKY 40601 (502)564-3070 ATTORNEY FOR COMPLAINANT CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing COMPLAINT was this 976 day of Not/015% the following:_ Randy Skaggs Founder/President The Trixie Foundation PO. Box 1 Webbville, Kentucky 41 180 and, by messenger mail, to: KOSH REVIEW COMMISSION RT 3 MILLVILLE RD #4 MILLCREEK PARK FRANKFORT KY 40601 2014, served by certi?ed mail, return receipt requested, upon Uj??m DAVID SHATTUCK Kentucky Labor Cabinet Occupational Safety and Health Program 1047 US HIGHWAY 127 SOUTH SUITE 4 FRANKFORT, KY 40601 Phone: (502)564?3535 FAX: (502)564?5723 Citation and Noti?cation of Penalty To: Inspection Number: 316924935- FOUNDATION CSHO ID: X0558 1167 LITTLE BRUSHY ROAD Optional Report No.: 018~14 Webbville, KY 41180 Inspection Date(s): 5/19/2014 7/1/2014_ Issuance Date: 11/10/2014 Inspection Site: 1167 LITTLE. BRUSHY ROAD The violation (3) described in this Citation and Webbville, KY 41180 Noti?cation of Penalty is (are) alleged to have occurred on - . or about the day(s) the inspection was made uniess otherwise indicated within the description given below. This Citation and Notification of Penalty (this Citation) describes violations of the Kentucky Occupational Safety and Health Statute. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations refen'ed to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends, Federal and state holidays) from your receipt of the Citation and Noti?cation of Penalty you mail a notice of ?contest tothe Kentucky Labor Cabinet Division of Compliance at the address shown above. Issuance of this Citation does not constitute a ?nding that a violation of KRS Chapter 338, or any standard, rule, order or regulation ?led pursuant thereto, has occurred unless there is a failure to contest as provided for in KRS Chapter 338, or, if contested, unless this Citation is af?rmed by the Review Commission. Posting - The law requires that a cepy of this Citation and Noti?cation of Penalty be posted immediately in a conSpicuous place at or near the location of the violation(s) cited herein, or, if it is not practicable because of the nature of the 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, Federal and State holidays), whichever is longer. Informal Conference An informal conference is not required. However, if you wish to have such a conference you may request one with the Division of Compliance 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). If you are considering a request for an informal conference to discuss any issues related to this Citation Citation and Notification of Penaity Page 1 of 18 OSHA-2 (Rev 9/12) IEXHIBIT A I 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 of intent to contest must be submitted to the Division of KY-OSH Compliance within 15 working days of your receipt of this Citation. An informal conference does not extend the 15 working day contest period. Letters containing both a request for an informal conference and a notice of contest 'will be treated as a notice of contest. - If you decide to request an informal conference, please complete, remove and post the page 3 Notice to Employees next to this Citation and Noti?cation of Penalty as soon as the time, date, and place-of the 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. Right to Contest You have the right to contest this Citation and Notification of Penalty. . You may contest all citation itemsor only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Division of KY- OSH Compliance in Writing that you intend to contest the citation(s) and/or proposed penaltyties) within 15 we] king days after receipt the c1tat10n(s) and the proposed penalty?es) will become a ?nal 01 der of the Kentucky Occupational Safety and Health Review Commission and may not be reviewed by any court or ageni Penalty Payment - Penalties are due within 15 working days of receipt of this noti?cation unless contested. Make your check 01 money order payable to STATE Please indicate the Inspection Ntimber 316924935 on the remittance and send to Kentucky Labor Cabinet, . Division of 081-1 Compliance, 1047 US Hwy 127 S, Suite 4, Frankfort, KY 40601. If uncontested, case becomes a final order and payment is due. Kentucky Revised Statutes 45.239(4) and 45.241 et seq. authorize the Department of Revenue to collect delinquent debt owed the Commonwealth. If this debt is not received within ten (10) business days, the following administrative actions may be taken in order to collect the debt due: - Seizure maybe made on all property or rights to propeity, both real and personal. This includes, but is not limited to, the attachment of any funds?held by a bank on your behalf, any wages paid to you; and the seizure and sale of any real estate you may own. A Notice of State Lien. may be flied with your County Clelk. This lien will encumber all real and personal property you now own or may acquire The filing of a lien may be re?ected in credit reports maintained by various credit bureaus. Any tax refund or other monies that may become due to you from the Commonwealth may be offset to . the outstanding debt. A twenty?five (25) percent collection fee may be added ?to the total debt amount to defray the cost of collection. _Noti?cation of Corrective Action For violations which you do not contest, you should notify the Kentucky Labor Cabinet of KY?OSH'Compliance by letter that you have taken appropriate corrective action within the time frame set forth on this Citation. Please inform the Division of Citation and Notification of Penaity Page 2 of18 (Rev 9/12} Compliance in writing of the abatement steps you have taken and of their dates, together with adequate supporting documentation, drawings or photographs of corrected conditions, purchase/work orders related to abatement actions, air sampling results, etc. Employer Discrimination Unlawful - The law states that ?No person shall discharge or in any manner discriminate against an employee because such employee has ?led any complaint or instituted or caused to be instituted any proceeding under or related to this Chapter or has testified or is about to testify in such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Chapter?. An employee who believes that he/she has been discriminated against may file a complaint no later than 120 days after the discrimination occurred with the Kentucky Labor Cabinet, Division of KY-OSH Compliance at the address shown above. - Notice to Employees Any employee or representative of employees, whose employer has received a citation, may ?le a written notice of contest with the Division of SH Compliance. The contest must be mailed to the Kentucky Labor Cabinet Division of KY-OSH Compliance at the address shown above and postmarked within 15 working days (excluding weekends, Federal and State holidays) of the receipt by the employer of this Citation and Noti?catibn of Penalty. Citation and Notification of Penalty Page 3 of 18 OSHA-2 {Rev 9/12) . .r - Kentucky Labor Cabinet Occupational Safety andHealtl} Program NOTICE TO EMPLOYEES 0F INFORMAL CONFERENCE An informal conference has been scheduled with Kentucky OSH to discuss the citation(s) issued'on 11/10/2014. The conference will be held at the Kentucky Labor Cabinet Division of OSH Compliance of?ce located at 1047 US Highway 127 South, Suite Frankfort, KY 40601 on at . Employees and/or representatives Of employees have a right to attend an informal conference. Citation and Notification of Penalty Page 4 of 18 OSHA-2 (Rev 9/12) Kentucky Labor Cabinet Inspection Number: 316924935 - Of?ee of Occupational Safety and Health Inspection Date(s): 5/19/2014 - 7/1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 018414 Citation and Noti?cation of Penalty Company Name: Inspection Site: 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 001 Type of Violation: Serious 29 CPR All places of employment, passageways, storerooms, and sen/ice rooms shall be kept clean and orderly and in a sanitary condition. a) On and before 5/19/2014, at The Trixie Foundation two (2) employees were exposed to black mold in the emplOyee living. quarters bathroom. There is also dog and cat feces and urine in their living quarters as well as the owners living quarters. Black mold, dog and eat feces and urine exposes the employees to respiratory illnesses. Date By Which Violation Must Be Abated: 12/3/2014 Proposed Penalty: y' $2,100.00 Citation and Notification of Penalty Page 5 of 18 (Rev 9/12) Kentucky Labor Cabinet Inspection Number: 316924935 Office of Occupational Safety and Health Inspection Date(s): 5/19/2014 4 7/1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 01814 Citation and Noti?cation of Penalty Company Name: TRIXIE FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 002 Type of Violation: Serious 29 To facilitate cleaning, every floor, working place, and passageway shall be kept free from protruding nails, Splinters, holes, and loose floor boards. a. On and before 5/19/2014, at The Trixie Foundation two (2) employees were exposed to loose ?oor boards at .the entrance in the owner's living quarters while working. The loose ?oor boards expose the employees to trip hazards while taking care of old and sick dogs in the owner's quarters. b. On or about 5/9/2014 .there was a hole approximately one (1) foot wide, eight (8) inches deep and three (3) feet long were in the grOund of the walking path between the kennels. c. On or about 5/9/2014 the walkway to the living quarters was cluttered with appliances, 3 generator, lawn mower, cat crates, carts, and other items. Date By Which Violation Must Be Abated: . 11/24/2014 . Preposed Penalty: $1,400.00 Citation and Noti?cation of Penalty - Page 6 of 18 (Rev 9/12) Kentucky Labor Cabinet . . Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/ 19/2014 - 7/ 1/2014 I Issuance Date: 11/10/2014 CSHO 1D: X0558 Optional Report No.: 018?14 Citation and Noti?cation of Penalty i Company Name: TRIXIE FOUNDATION . Inspection Site: 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 003 Type of Violation: Serious 29 CPR An employee alarm system must be operable. Employers must install and maintain an operable employee alarm system that has a distinctive signal to warn employees of ?re or other emergencies, unless employees can see or smell a ?re or other hazard in time to provide adequate warning to them. The employee alarm system must comply with 1910.165 3. On and before 5/ 19/2014 there were no alarm systems in any of the 11 buildings on 200 acres. Without the alarm system employees cannot easily detect a ?re at the facility. . Date By Which Violation Be Abated: . 11/24/2014 Proposed Penalty: . $3,500.00 Citation and Notification of Penalty Page 7 of 18 OSHA-2 (Rev 9/12) Kentucky Labor Cabinet I Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 - 7/1/2014 . Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report N0.: 018?14 Citation and Noti?cation of Penalty Company Name: FOUNDATION Inspection Site:' 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 The alleged Violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness. Citation 01 Item 00421 Type ofViolation: Serious . 29 CFR Electric equipment was not free from recognized hazards that are likely to cause death or serious physical harm to employees. a) On and before 5/19/2014 there were no inner or outer coyers On a 220 volt breaker box located in the . employee bathroom and an' electrical cable was connected to the breaker box and ran through a window and connected to a generator. Date By Which Violation Must Be Abated: 11/18/2014 Proposed Penalty: $3,500.00 Citation and Notification of Penalty Page 8 of 18 (Rev 9/12) Kentucky Labor Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 - 7/1/2014 Issuance Date: 11/10/2014 CSHO X0558 Optional Report No.: 018?14 Citation and Noti?cation of Penalty Company Name: TRJXIE FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD,.Webbvi1le, KY 41180 Citation 01 Item 004D - Type ofViolation: Serious 29 CFR Installation and use. Listed or labeled equipment was not installed and used in accordance with any instructions included in the listing or labeling. a) 011 and before 5/19/2014 the 220 volt breaker box in the employee living quarters bathroom was not used according to its labeled and listed use because it was connected to a generator by an electrical cable. b) On and before 5/19/2014 the 220 volt breaker box in the employer living quarters closet was not used according to its labeled and listed use because it was connected to a generator by an electrical cable. Date By Which Violation Must Be Abated: . 1 11/13/2014 Proposed Penalty: $3,500.00 Citation and Notification of Penalty Page 9 of 18 OSHA-2 (Rev 9/12} Kentucky Labor Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 7/1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 018? 14 Citation and Noti?cation of Penalty Company Name: TRDUE FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 005 Type of Violation: Serious 29 CRFR Electric equipment may not be used unless markings- giving voltage, . current, wattage, or other rating as necessary have been placed on the equipment. a) The 220 volt breaker box located in the bathroom of the employee living quarters was not marked,- with the voltage, current, wattage or other necessary ratings. b) The .220 volt breaker box located in the closet of the employers living quarters was not marked with the voltage, current, wattage or other necessary ratings. Date By Which Vinlation Must Be Abated: . 11/18/2014 Proposed Penalty: . $3,500.00 Citation and Notification of Penalty . Page 10 of 18 OSHA-2 (Rev 9/12) Kentucky Labor Cabinet Inspection Number: 316924935 . Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 - 7/1/2014 . Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 018?14 Citation and Noti?cation of Penalty Company Name: TRIXIE FOUNDATION - Inspection Site: 1 167 LITTLE BRUSHY ROAD, Webbville, KY 41180 The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness. Citation 01 Item 006a . - Type of Violation: Serious 29 CFR Switchboards with exposed live partswere not located in permanently dry locations and were not accessible to only qualified persons. a) On and before 5/19/2014 there were no inner or outer covers on a 220 volt breaker box located in the . employee bathroom where the employees live exposed live parts that were not located in permanently dry locations that were accessible to unquali?ed persons b) On and before 5/19/2014 there were no inner or outer covers on a 220 volt breaker box located in a closet of the employer living quarters where the employees work on a daily basis exposed live parts that were not located in permanently dry locations that were accessible to unquali?ed persons. Date By Which Violation Must Be Abated: 11/18/2014 Proposed Penalty: . $3,500.00 Citation and Notification of Penalty Page 11 of 18 (Rev 9/12) Kentucky Labor Cabinet Inspection Number: 316924935 Office of Occupational safety and Health Inspection Date(s): 5/19/2014 7/1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report N0.: 018-14 Citation and Noti?cation of Penalty Company Name: TRIXIE FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD Webbville, KY 41180 Citation 01 Item 006b Type ofViolation: Serious 29 CFR 1910. 305(d)(2): Panel boalds that were mounted in cabinets, cutout boxes, 01 enclosures approved for the purpose were not of the dead? front type: 9? 93) On and before 5/19/2014 there were no dead front cover on a 220 volt bieakei box located 111 the employee bathloorn. b) On and before 5/19/2014 there were no dead front covers on a 220 volt breaker box located in a_ . closet, of the employer living quarters. Date By Which Violation Must Be Abated: 11/18/2014 Proposed Penalty: $0.00 Citation and Notification of Penalty Page 12 of 18 OSHA-2 (Rev 9/12} Kentucky Labor Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/ 1 9/2014 7/1/2014 Issuance Date: 11/10/2014 X0558 Optional Report No.: 018?14 Citation and Noti?cation of Penalty Company Name: TRIXIE FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD webbville, KY 41180 The alleged violations below have been grouped because they involve sirnila1 or related hazards that may incaease the potential for injury or illness. Citation 01 Item 007a Type of Violation: Serious 29 CFR 1910 305(e)(1): Cabinets cutout boxes, ?ttings, boxes and panel board enclosu1es in damp or wet locations were not installed to prevent moisture or water from entering and accumulating within the enclosures: a) The 220 volt breaker box located 111 the employee bathroom did not have a fIOnt cover on it to plevent inoisture or water from ente11ng it when the employees took a shower. Date By Which Violation Must Be Abated: . 11/18/2014 Proposed Penalty: $3,500.00 Citation and Notification of Penalty I Page 13 of 18 OSHA-2 (Rev 9/12} Kentucky_Lab0r Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health . Inspection _Date(s): 5/19/2014 - 7/ 1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report N0.: 018~14 Citation and Noti?cation of Penalty Company Name: TRIXIE FOUNDATION Inspection Site: 1 16'? LITTLE BRUSHY ROAD, Webbville, Citation 01 Item 007!) Type ofViolation: Serious 29 CFR Switches, circuit breakers and switchboards installed in wet locations were not enclosed in weatherproof enclosures: a) The 220 volt breaker box located in the employee bathroom was not enclosed in a weatherproof enclose to prevent moisture from entering it when the employees took a shower. Date By Which Violation Must Be Abated: 11/18/2014 Proposed Penalty: $0.00 Citation and Notification of Penalty Page 14 of 18 OSHA-2 (Rev 9/12) Kentucky Labor Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 7/ 1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 018?14 Citation and Noti?cation of Penalty Company Name: TRDCIE FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 The alleged Violations below have been grouped because they involve similar or related hazards that may inc1ease the potential for 1nju1y or illness. Citation 01?Item 008a - Type ofViolation: Serious 29 CFR 1910. 305(g)(1)(iv)Where not Speci?cally permitted otherwise 1n paragraph ofthis section, ?exible cords and cables were used: . As a substitute for the ?xed wiring of a structure. a) On and before 5/ 1 9/2014, extention cords were used throughout the compound in place of permanent wiring. Date By Which Violation Must Be Abated: 11/21/2014 Proposed Penalty: $3,500.00 Citation and Notification of Penalty Page 15 of 18 {Rev 9/12) Kentucky Labor Cabinet' Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 7/ 1/2014 Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 018-14 Citation and Noti?cation of Penalty Company Namei 1111311113 FOUNDATION Inspection Site: 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 008b - Type ofViolation: Serious 29 CFR 1910. 305(g)(1)(iv) Whe1e not Speci?cally pennitted otherwise 1n paragraph of this section, ?exible cords and cables we1e used: (C) Where run through doorways, windows, 01' similar openings. a) On and befo1e 5/19/2014 an electrical cable was connected to a 220 volt breaker box and run through the bathioom window ?om a genei at01 outside Date By which Violation Must Be Abated: 11/18/2014 Proposed Penalty: $0.00 Citation and Notification of Penalty Page 16 of 18 (Rev 9/12} Kentucky Labor Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/19/2014 7/1/2014 I Issuance Date: 11/10/2014 CSHO ID: X0558 Optional Report No.: 018?14 Citationand Noti?cation of Penalty Company Name: FOUNDATION Inspection Site: . 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 009 Type ofViolation: Serious 29 CFR 1910. Except as elsewhere 1equ1red or permitted by this standard, live parts of elect1 ic equipment operating at 50 volts or more were not guarded against accidental contact by use of approved cabinets or other forms of approved enclosures 01 other means listed under this provision: a. On and before 5/19/2014 there were no inner or outer covers on a 220 volt breaker boxes located in the employee bathroom and the employers living quarters. b. Approximately 20 duplex recepitcal outlets were missing the faceplates. Date By Which Violation Must Be Abated: 12/3/2014 Proposed Penalty: $3,500.00 Citation and Notification of.PenaIty Page 17 of18 - 0511142111121: 9/12} .- . Kentucky Labor Cabinet Inspection Number: 316924935 Of?ce of Occupational Safety and Health Inspection Date(s): 5/ 19/2014 7/ 1/2014 - Issuance Date: 11/10/2014 CSHO 1D: X0558 Optional Report No.: 018?14 Citation and Noti?cation of Penalty Company Name: TRIXIE FOUNDATION Inspection Site: . 1167 LITTLE BRUSHY ROAD, Webbville, KY 41180 Citation 01 Item 010 Type ofViolation: Serious 29 CFR 1910.334 Portable electric equipment and ?exible cords used in highly conductive work locations (such as those inundated with water or other conductive liquids), or in job locations where employees are likely to contact water or conductive liquids, shall be approved for those locations. a) On and before 5/19/2014, at The Trixie Foundation two employees were exposedftolive electrical Wiring running through a small stream near the employee living quarters. Live electrical wiring inundated in water exposes employees to electric shock possibly resulting in serious hann or death. Date By Which Violation Must Be Abated: 11/21/2014 Proposed Penalty: - $3,500.00 m? A . Tmiy ng,Sa ty- ro nManager DATE - XOSMJW . 3169 4935 COMPLIANCE Citation and Notification of Penalty Page 18 of 18 OSHA-2 [Rev 9/12) I . Kentucky Department of Labor Occupational Safety and Health Program HIGHWAY 127 SOUTH SUITE 4 FRANKFORT, KY 40601 Phone: (502) 564-3535 FAX: (502) 564?5723 INVOICE Company Name: TRIXIE FOUNDATION . Inspection Site: 1 167 LITTLE BRUSHY ROAD, Webbyille, KY 41180 Issuance Date: 11/10/2014 Summary of Penalties for Inspection Number: 316924935 Citation 1, Serious $35,000.00 TOTAL PENALTIES $35,000.00 2 - aim/9r To??yLo ,Safe roWanager Date X0558 1018?1 . 31692 35 - . Compliance Invoice Page 1 (Rev 9x12) Steven Beshear Governor Lorry l. Roberts Secretory E.H. ?Chip" Smith, Iv KENTUCKY LABOR CABINET General Counsel OFFICE OF GENERAL COUNSEL 1047 US Hwy 127 STE 4 Frankfort, Kentucky 4060] Telephone: [502) 564-3070 Telefox: (502) 564-5484 mow.lobor.ky:gov November 26, 2014 KOSH Review Commission Rt. 3, Millville Road 4 Millcreek Park Frankfort, KY 4601 RE: Secretary of the Labor Cabinet v. The Trixie Foundation KOSHRC 5220-14 Dear Jenny: Enclosed for ?ling is an original and two (2) copies of a Complaint in the above referenced matter. Please ?le the original,'and stamp the extra enclosed copy as ?Filed? and return that copy to us via messenger mail. Thank you for your attention and assistance with the enclosed Complaint ?ling. Sincerely, David N. Shattuck Counsel Enclosure KeniuckyUnbridledSpirif.com unammso . An Equol Opportunity Employer Steven L. Beshear Larry L. Roberts Governor Secretory E.H. ?Chip" Smith, Iv KENTUCKY LABOR CABINET General Counsel OFFICE OF GENERAL COUNSEL 1047 US Hwy 127 STE 4 Frankfort, Kentucky 4060] Telephone: (502) 564?3070 Telefox: (502) 564-5484 November 26, 2014 Mr. Randy Skaggs Founder/President The Trixie Foundatidn PO. Box 1 Webbville, Kentucky 41 180 RE: Secretary of the Labor Cahinet v. The Trixie Foundation . KOSHRC 5220-14 Dear Mr. Skaggs: Enclosedplease ?nd a copy of a complaint which I have ?led with the Kentucky Occupational Safety and Health Review Commission in the above-styled matter. Should you have questions or wish to discuss this matter, please feel free to contact me. Sincerely, ATM WW David N. Shattuck Counsel Enclosure KentuckyUnbridledSpirif.com anemone smm?r . An Equal Opportunity Employer .. -.-.- .- .. .- .. . USPostaISerwce c: All-Tit. RECEIPT We? ?if :1 i 2 QHJJIINO Insurance 15%:3 :r - I OFFECHAL USE -- . .13 ,_El - i, 4514;. .. -z_u.l . eel-:(Endorsementeggrl?jife?ia) 03::rk 75/ Fl la 5: I: (Ersj?frisceigeafgeeqrzi?e?? . I: a :a Tots] PnomE. Ema 3" u. RANDY E9: ..5 :3 SENT: FOUND SKAGGS It. a Cl THE TRIXIE FOUNDATION WEBBVILLE KY 41130 . SENDER: COMPLETE 2. and 3. Also complete .. item 4 if Restricted Delivery is desired. - E3 Agent i ll your name and address on the reverse El Addresses . so that we can return the card to you. B. Received by (Printed Name) I Attach this card to the back of the mailpiece, . or on the front if space permits. i Complete items 1. A. Signature i i i C. Date of Delivery . D. ls delivery address different from item Yes 1 1- ?tide Addressed to: . if YES, enter delivery address below: . No 1 'em?see?smg' THE TRIXIE FOUNDATION 1 PO BOX 1 3. ybei?ype . 1 i WEBBVILLE KY 41 180 Certi?ed Mail? CI Priority Mail Express" i i Registered Return Receipt for Merchandise 1 El lnsuredMail El Collect on Delivery 4. Restricted Delivery? (Ema FeeArticle Number REED '1 . a P3 Form 331 1. July 2013 . Domestic Return Receipt I The Trixie Foundation Post Office Box 1 - Webbville, Kentucky 41180 -- USA Phone 606-738-4276 Fax 606-738-4438 - Email a 7 r" Mond 1y, November 2014 CaTony Long ?2 ?g (<29 Safety Program Manager 93 Kentucky Labor Cabinet ?9 Occupational Safety Health Program ?12? 1047 US Highway 127 South, Suite 4 (23 Frankfort, Kentucky 40601 Dear Mr. Long: This letter is to inform you that although do not contest the citations issued against our 501(c)(3) nonprofit organization: The Trixie Foundation - still, we_wish to contest the penalties assessed against us as quite simply, we will be ?put out of business?. 1 will begin accumulating and compiling information along with photographs showing the stupendous effort we have made to rectify every single problem found here at our 24 year-old ?no?kill? animal sanctuary. Considering that we have 14 separate buildings and 5 individual bridges (all requiring work so as to be fully in compliance with the existing codes) - this has not been an ?easy? or ?inexpensive? task for us. Thank you very much for your consideration of our situation(Itrz-n n?u - .. i - 3?41 4. 1' I. L'u :9 Int.f?f?r "u'rg--.. vi- ltd: . utri . .. 1' 9' u. -. . r3?: 5 .- ?4?.qu Irv! ?in{jl?k? .- ?jt?k. :1 Qf??an$153-: ff"- -a ?Jul