Document qk52Y3j4Y990a41zOaYrev0nj

Orig. to c:r cc: JFC, -6JR-, MAB GA-I U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION 550 MAIN STREET CINCINNATI, OH 45202 513-684-3784 1-800-582-1708 August 14, 1989 McGraw Construction Co., Inc. 31 S. Canal Middletown, OH 45042 Dear Sir: Enclosed you will find citations for violations of the Occupational Safety and Health Act of 1970 (the Act) which may have accompanying proposed penalties. Also enclosed is a booklet which explains your rights and resoonsibi1ities under the Act. If you have anv questions about the en closed citations and penalties, I would welcome further discussion in person or by telephone. You wiil note on page 9 of the booklet that, for violations which vou do not contest, vou must (1) notify this office promptly by letter that you have taken appropriate corrective action within the time set forth on the citation; and (2) pay any penalties assessed. Flease inform me of the abatement steps you have taken and of their dates together with adequate supporting documentation, e.g.< drawings or photographs of corrected con ditions, purchase/work orders related to abatement actions, air sampling results. This information may allow us to close the case. As irdicated on page 10 of the booklet, you may request an informal confer ence with me during the 15-working-dav notice of contest period. During sucn an informal conference you may present any evidence or views which you believe would support an adjustment to the citation or the penalty. If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalt-v, you must take care to schedule it early enough ro allow time to contest after the informal conference, should you decide to do so. Please keep m mind that a written letter of intent to contest must be submitted to the Area Direct or within 15 working days of your receipt of the citation. The running of this contest period is not interrupted by an informal conference. You must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. McGCon 1913 If you decide to reauest an informal attached notice at the bottom of this citations as soon as the time, date, have been determined. conference) letter and and place of please complete the post it next to the the informal conference Be sure to bring to the conference with you any and all supporting documentation of existing conditions as well as of anv abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Sincerely < Enclosures ---- McGCon 1914 NOTICE TO EMPLOYEES An informal conference has been scheduled with OSHA to discuss the citations issued on Auaust 14* 1989. The conference will be held at the OSHA office located at Federal Office Building - Room ^028* Cincinnati) Ohio A5202 on at __________________ . McGCon 1915 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY l HEALTH ADMINISTRATION 550 MAIN STREET CINCINNATI, OH 45202 513-684-3784 1-800-582-1708 August 14, 1989 C. Jack Ryburr McGraw Construction Co. 31 3, Canal Middletown, OH 45042 Dear Mr. Ryburn: During an inspection of the ;ob site at 655 5. University, conditions were observed: the following . Scaffolds were being erected and dismantled without the use of fall protection. We would recommend that you evaluate your procedures and implement- the use of protection such as safety belts and lines where there are feasible locations t-c tie them to. In particular such protection should be evaluated at heights above 10' where fall protection is required when working from the scaffold deck. 2. Some of the scaffold planks were only 5 to 6' longer than length of the scaffold frames which left little clearance in placing planks and in several cases the cleats on planks were slightly bowed beginning to pull loose from the planks. A total clearance of 10 to lould be more desirable to prevent- such problems. the the and 12" AlthcucK citations are not being recommended at this time either due to the absence of a specific standard for the condition or the lack: of established employee exposure at the time of the inspection, these conditions should be corrected in order to maintain a safe and healthful workplace T~or your employees.cTease inform us within 30 calendar days of the corrective actions which vou have taken. McGCon 1916 NOTICE Pursuant to the Debt Collection Act of 198E (Public Law 97-365) and re gulations of the Department of Labor (E9 CFR Part 0), effective March B, 19B5, the Occupational Safety and Health Administration is reauired to assess interest, penalties, and fees to cover the administrative*costs of collecting delinquent penalties for violations of the Occupational Safety and Health Act. Interest charges are assessed at an annual rate determined by the Secretary of the Treasury. This rate is currently 6%. Interest shall accrue from the date on which the citation and penalty (as proposed or adjusted) became a final order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the citation and proposed penalty, unless you file a notice of contest). Interest charges shall be waived if the full amount owed is paid within 30 days of the final order. After 30 calendar days, the debt shall be delinquent unless a satisfactory payment arrangement has been made. Agencies of the Department of Labor are required to assess the administrative costs of recovering delinquent debts. If the debt remains delinquent for more than 90 calendar days, an addition al penalty of six percent (6%) per annum shall be assessed accruing from the date that the debt became delinquent. To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested penalties shown on the citation. Make your check or money order payable to: "POL- QSHA." Please indicate OSHA's Inspection Number and Reporting ID (see citation) on the remittance. Sincerely, Date: May 11 1989 McGCon 1917 Employer flights & Responsibilities Following 3n OSHA Inspection U.S. Department of Labor Occupational Safety-and Health Administration 1939 (Revised) OSHA 3000 'v-* -"-\y V' 'j\*V: , .1" ' . i .< .1 Contents After an Inspection Types of Violations Willful Serious Repeated Fixed Establishments Nonfixed Establishments Longshoring Establishments Maritime Establishments Other Posting Requirements Employer Options How to Comply Informal Conference and Settlement How to Contest The Contest Process Petition for Modification of Abatement Temporary and Permanent Variances Employee Courses of Action Follow-<Jp Inspection and Failure to Abate Employer Discrimination Providing False Information Additional Information 16 17 18 18 19 After An Inspection An inspection of your workplace was conducted in accordance with the Occupational Safety and Health Act of 1970. The compliance safety and health officer (CSHO) who conducted the inspection has found conditions that may be in violation of the Act The information relevant to these conditions will be evaluated by the CSHO's supervisor. If it is determined that a violation does exist, you will be issued a Citation and Notification of Penalty which explains in detail the exact nature of the violations) and any associated penalties. This pamphlet contains important information regarding your rights and responsibilities under the Ad The information contained herein can and should be used as a discussion guide during your closing conference with the OSHA compliance officer. For each apparent violation found during the inspection, the compliance officer has discussed or will discuss the following with you: Nature of the violation, Possible abatement measures you may take to correct the violative condition, and 1 McGCon 1920  Possible abatement dates you may be required to meet The CSHO is a highly trained professional who can help you recognize and evaluate hazards as well as suggest appropriate methods of correcting violations. To minimize employee exposure to possibly hazardous conditions, abatement efforts should always begin as soon as possible. The following general information defines the types of violations and explains the actions you may take if you receive a citation as the result of an inspection. Types of Violations Willful: A willful violation is defined as a violation in which the employer knew that a hazardous condition existed but made no reasonable effort to eliminate it and in which the hazardous condition violated a standard, regulation, or the Occupational Safety and Health Act (the Act), Serious: A serious violation exists when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the 'violation. 2 Repeated: An employer may be cited for a repeated violation if that employer has been cited previously for a substantially similar condition and the citation has become a final order of the Occupational Safety and Health Review Commission. A citation is viewed as a repeated violation if it occurs within 3 years either from the date that the earlier citation becomes a final order or from the final abatement date, whichever is later. For purposes of determining whether a violation is repeated, the following criteria generally apply: 1. Fixed Establishments: Citations issued to employers having fixed establishments (e.g., factories, terminals, stores) are normally limited to the cited establishment A multifacility employer, for example, normally would not be cited for a repeated violation if the violation recurred at a plant other than the one previously cited. 2. Nonftxed Establishments: For employers engaged in businesses having no fixed establishments (e.g., construction sites, oil and gas drilling sites), repeated violations are alleged based on 3 McGCon 1921 prior violations occurring anywhere within the same OSHA Area Office jurisdiction. 3. Longshoring Establishments: Longshoring employers are subject to repeated violation citations based on prior violations occurring anywhere within a designated port area 4. Maritime Establishments: Other maritime establishments covered by OSHA standards (e.g., shipbuilding, ship repairing) are generally defined as fixed establishments. (See [1] above.) IN CASES WHERE A VIOLATION IS DETERMINED TO BE EXTREMELY SERIOUS, IT CAN BE CITED AS REPEATED IF THE EMPLOYER HAS BEEN CITED FOR THE SAME SERIOUS VIOLATION ANYWHERE IN THE NATION WITHIN THE PAST 3 YEARS. Other: A violation that has a direct relationship to job safety and health, but is not serious in nature, is classified as `other.* 4 Posting Requirements When you receive a Citation and Notification of Penalty, you must post the citation (or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed. The citation must remain posted for 3 working days or until the violation is corrected, whichever is longer. (Saturdays, Sundays, and Federal holidays ate not counted as working days.) You must comply with these posting requirements even If you contest the citation. Employer Options As an employer who has been cited, you may take either of the following courses of action: 1. If you agree to the Citation and Notification of Penalty, you should correct the condition by the date set in the citation and pay the penalty, if one is proposed; or 2. If you do not agree, you have 15 working days from the date you receive 5 McGCon 1922 the citation to contest in writing any or ail of the following: Citation, e Proposed penalty, and/or e Abatement date. How to Comply For violations you do not contest, you must (1) promptly notify the OSHA Area Director by letter that you have taken the appropriate Corrective action within the time set forth in the citation, and (2) pay any penalties itemized therein. The notification you send the Area Director is generally referred to as a tetter of Corrective Action.' It must explain the specific action taken with regard to each violation and state the date each corrective action was taken. If the employer has abatement questions after the inspection, the Area Director shall ensure that additional information, if available, is obtained and provided to the employer as soon as possible. When the citation permits an extended time 6 for abatement, you must ensure that employees are adequately protected during this time. For example, the citation may require the immediate use of personal protective equipment by employees while engineering controls are being installed. When such is the case, you must also provide OSHA with periodic progress reports on your actions. The penalties itemized on the Citation and Notification of Penalty are payable within 15 working days of receipt of the penalty notice. If, however, you contest the citation or penalty in good faith, abatement and payment of penalties for those items contested are suspended until the Occupational Safety and Health Review Commission reviews your case and issues a final order. The Review Commission is an independent agency and is not a part of the U.S. Department of Labor. The final order of the Commission will either uphold, modify, or eliminate the citations and/or penalties. Penalties for items not contested, however, are still due within 15 working days. (For further details, see the section on How to Contest) Payment should be made by check or money order payable to DOL-OSHA. Please indicate on your payment the OSHA number from the 7 McGCon 1923 upper right-hand comer of your citation send it to the OSHA Area Office listed on the Citation and Notification of Penalty. Informal Conference and Settiemei j Before deciding whether to file a Notice Of Intent to Contest, you may request an - -s' informal conference with the OSHA AreaDirector to discuss the Citation and Notification of Penalty. You may use opportunity to do any of the following:^ Obtain a better explanation of the violations cited, 'tL Obtain a more complete understanding of the specific standards that apply, Negotiate and enter into an Informal Settlement Agreement, 3 Oiscuss ways to correct violations, e Discuss problems concerning thS abatement dates, Oiscuss problems concerning employee safety practices, 8 Resolve disputed citations and penalties, and Obtain answers to any other , questions you may have. You are encouraged to take advantage of the opportunity to have an informal conference if you foresee any difficulties in compfying with *iy part of the citation. Please note, rer, that an informal conference will ir extend the 15 working day Notice of to Contest period nor take the place of the filing of a written notice if you desire to contest Employee representative(s) have the right to participate in any informal conference negotiations between the Regional listrator or Area Director and the .employer. agree that the cited violations do exist, you have a valid reason for wishing to the abatement date(s), you may this with the Area Director in an _ conference. He or she may issue an led citation that changes the abatement ^rior to the expiration of the 15 working period without your filing a Notice of to Contest. d-o not contest within 15 working days, 9 your citation will become a final order. this occurs, the OSHA Area Director may continue to provide you with information ar^ assistance on how to abate the hazards cftc in your citation, but may not amend or change any citation or penalty which has become a final order. The Area Director may^ only advise you on abatement methods or extend the time you need to abate the -if* violation. (See Petition for Modification oft Abatement). How to Contest If you wish to contest any portion of your ' citation, a Notice of Intent to Contest must bef submitted in writing within 15 working days h after receipt of the citation and notice of penalty even if you have orally stated your disagreement with a citation, penalty, or abatement date during a telephone conversation or an informal conference. The Notice of Intent to Contest must clearly ` state what is being contested-the citation, thej penalty, the abatement date, or any combination of these factors. In addition, notice must state whether all the violations ori] the citation, or just specific violations, are being contested. (For example, *1 wish to - % contest the citation and penalty proposed forjj 10 Itams 3 and 4 of the citation issued June 27, J989.*) jr your contest must be made in good faith. A if contest filed solely to avoid your responsibilities for abatement or payment of penalties will not be considered a good-faith contest "A proper contest of any item suspends your ^iegal obligation to abate and pay until the contested has been judicially resolved, if *you contest only the penalty, you must still tcorrect all violations by the dates indicated on the citation. If only some items on the citation are contested, the other items must be corrected by the abatement date and the corresponding penalties paid within 15 days of notification. `After you file a Notice of Intent to Contest, your case is officially in litigation. If you wish to settle the case, you may contact the OSHA Area Director who will give you the name of the attorney for OSHA handling your case. AM settlements of contested cases are negotiated between you and the attorney according to the rules of procedure of the |[ Occupational Safety and Health Review Commission. 11 McGCon 1925 The Contest Process If the written Notice of intent to Contest has been filed within the required 15 working days, the OSHA Area Director forwards your case to the Occupational Safety and Health Review Commission. The Commission assigns the case to an administrative law judge who usually will schedule a hearing in a public place close to your workplace. Both employers and employees have the right to participate in this hearing which contains an the elements of a trial, including examination and cross-examination of witnesses. You may choose to represent yourself or be represented by an attorney. The administrative law judge may affirm, modify, or eliminate any contested items of the citation or penalty. As with any other legal procedure, there is an appeals process. Once the administrative law judge has ruled, any party to the case may request a further review by the full Review Commission. In addition, any of the three commissioners may. on his or her own motion, bring the case before the entire Commission for review. The Commission's ruling, in turn, may be appealed to the U.S. Court of Appeals for the circuit in which the 12 ^ Sr. case arose or for the circuit where the employer has its principal office. Petition for Modification of Abatement Abatement dates are assigned on the basis of the best information available at the time the citation is issued. When you are unable to meet an statement date because of uncontrollable events or other circumstances, and the 15 working day contest period has expired, you may file a 'Petition for Modification of Abatement* (PMA) with the OSHA Area Director. The PMA must be in writing and must be submitted no later than 1 working day after the abatement date. To show dearly that you have made a good-faith effort to comply, the PMA must indude all of the following information before it can be considered: Steps you have taken in an effort to achieve compliance, and dates they were taken; Additional time you need to comply; 13 .::v: * .`Av-. * ' V' * ' 1 f* 1*. / < ( ' .1. -.uxtryv -- .\ * \* .. v .'-.vrr/ ... ..... ... - r.. - ''A - .. . --, r**7f.^7*** *** .':: y*-- * < ^ vA .-.i - Vs .... .. ;* McGCon 1926  Why you need additional time; Interim steps you are taking to safeguard your employees against the cited hazard(s) until the abatement; A certification that the petition has been posted, the date of posting and, when appropriate, a statement that the petition has been furnished to an authorized representative of the affected employees. The petition must remain posted for 10 working days, during which employees may file an objection. A PMA may be granted or opposed by the OSHA Area Director. If it is opposed, it automatically becomes a contested case before the Review Commission. If a PMA is granted, a monitoring inspection may be conducted to ensure that conditions are as they have been described and that adequate progress toward abatement has been made. Further information on PMAs may be obtained from the OSHA Area Office. 14 I Temporary and Permanent Variances If you are unable to comply with a newly promulgated standard because of the unavailability of materials, equipment, or professional or technical personnel, you may apply to OSHA for a temporary variance from the standard. To be eligible for a temporary variance, the employer must put into force an effective program for coming into compliance with the standard or regulation as quickly as possible. In the meantime, the employer must demonstrate to OSHA that all available steps are being taken to safeguard employees. A temporary variance may be granted for up to 1 yean it can be renewed twice, each time for 6 months. You may also apply for a permanent variance from a standard if you can prove that your present facilities or methods of operation are > at least as safe and healthful as those required by the OSHA standard. ' In making a determination on a permanent variance, OSHA reviews the employer's evidence and, where appropriate, arranges a visit to the workplace to confirm the 15 ii " ------------------- *" -- McGCon 1927 circumstances of the application. If the request has merit, OSHA may grant a permanent variance. Final variance orders detail the employer's specific responsibilities and requirements and explain exactly how the employer's method varies from the OSHA requirement. Please note, however, that whenever an employer applies for either a temporary or a permanent variance, he or she must inform employees of the application and of their right to request a hearing. Employee Courses of Action Employees or their authorized representatives may contest arty or all of the abatement dates set for violations if they believe them to be unreasonable. A written Notice of Intent to Contest must be filed with the OSHA Area Director within 15 working days after the employer receives the citation. The filing of an employee contest does not suspend the employer's obligation to abate. Employees also have the right to object to a PMA. Such objections must be in writing and must be sent to the Area Office within 10 days of service or posting. A decision 16 * 7r\vT,1v` regarding the PMA will not be made until the issue is resolved by the Review Commission. Follow-Up Inspection and Failure to Abate If you receive a citation, a follow-up inspection may be conducted to verify that you have done the following: Posted the citation as required, Corrected the violations as required in the citation and/or Adequately protected employees and made appropriate progress in correcting hazards during multi-step or lengthy abatement periods. In addition to providing for penalties for failure-to-post citations and failure-to-abate violations, the Act clearly states that you have a continuing responsibility to comply with the Act and assure your employees of safe and healthful working conditions. Any new violations discovered during a follow-up inspection will be cited. To achieve abatement by the date set forth in 17 McGCon 1928 the citation, it is important that abatement efforts be promptly initiated. Employer Discrimination The Act prohibits employers from discharging or otherwise discriminating against an employee who has exercised any right under this law, including the right to make safety and health complaints or to request an OSHA inspection. Complaints from employees who believe they have been discriminated against will be investigated by OSHA. If the investigation discloses probable violations of employee rights, court action may follow. Employees who feel they have been discriminated against must file their complaints within 30 days of the alleged act of discrimination. To obtain further information on this matter, employees may contact OSHA and inquire about Section 11(c) procedures. Providing False Information All information reported to OSHA by employers and employees must be accurate and truthful. Providing false information on 18 efforts to abate cited conditions or in required records is punishable under the Act Additional Information For further information and assistance, please feel free to contact your OSHA Area Director. Related Publications A single free copy of the following materials can be obtained from OSHA field offices or the OSHA Publications Office,4 200 Constitution Avenue, N. W., Room N-310l! Washington, D. C. 20210. OSHA-2056 - All About OSHA OSHA-3047 - Consultation Services for the Employer OSHA-3071 - Job Hazard Analysis OSHA-3084 Chemical Hazard Communication OSHA-3111 - Hazard Communication Guidelines for Compliance 19 McGCon 1929 OSHA-3088 How to Prepare for Workplace Emergencies BLS Publication 421-3~What Every Employer Needs to Know about OSHA Recordkeeping OSHA-3104 Hazard Communication--A Compliance Kit (This reference guide to step-by-step requirements for compliance with the OSHA standard is available from the Superintendent of Documents, U. S. Government Printing 'Office, Washington, D.C. 20402, (202) 7833238. Request GPO Order No. 929-02200000-9; $18 - domestic; $22.50 - foreign.) I Free for the asking. Over 800 tide listings in 26 labor categories on subjects tram agricultural labor to youth employment. For your free copy of "Publications of the US. Department ot Labor," write -- Room S-1032 200 Constitution Avenue, N.W. Washington, DjC, 20210 McGCon 1930 U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty U.S. Department of'Labor - QSHA federal Office Beil dine - Room 4028 550 'lain Street Cincinnati, OH 4520? 1. Type ot Violation(s) 2. Citation Number The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. Issuance Dale 4. Inspection Number 09/lfc'9 ? 1 01 p-3S-7(Y7 5. Reporting ID 6.CSHO ID OSggpnri 7. Optional Report No. pi i ss 8. Page No. ________ L2___________ <Of *7 10. Inspection Date(s): Sericu= 01 11. Inspection Site: 3/1/99 - 8/9/99 I 9. To: McGraw Construction and its successors 655 N. University Blvd Middletown, OH A50A2 31 S. Canal Certified Mail No. A85163 Middletown, OH A50A2 Return Receipt- Requested Proci rtor|l THE LAW "REtHJIRESnRal atopy of this Citation be posted immediately in a prominent place at or near the location ot violations) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations ol the Occupational Safety and Health Act of 1970. The penaltyfies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within IS working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area (Director m writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or. if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Descnption IS. Date by Which Violation Must Be Abated rntsoes Are Due Withtn 15 Days of Receipt of This Notification Utiles Contested (See enclosed Booklet) . This Section May Be Detached Before Posting 16. Penalty la The c-llegefl violations below have been grouped because thev invc1ve similar or related hazards that may increase the potential for injury esulting from an accident. 09/17/89 '-*50.0 29 CFR 1926,21 (b)(2): "i"he Qmclover did not incTruct each emclcyee in the racogniticn ar.c avoidance of unsafe conditions and the re- culations aoplicacls to his work environment to control or eliminate anv hazards or other e:icosure to illness or injurv: 'a) Employees erectina and usinc scaffolds on the *ob site had not received teaming in the safetv renuirements for such ODerations including the need to use parts wnich. are not damaged, and the need to use aocroDriate attaching devices to secure scaffold sections ar.d casters tccsther. 17. Area Director William M.. Murenv - Area Director 18. Last Pg NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set tor a violation it he believes the date to be unreasonable. The contest must be mailed to the U.S. Department ol Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFIU^V--The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. riTATlAW AMO kJVTTICV' a nnu nc OCU A I TV ORIGINAL McGCon 1931 (Rv 1/R41 Total Penalty tor This Citation Maks Check or Morxy Pyabl to: "OOL-GSHA" Indicate Inspection Numbar U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty U.S. Department- cf Labor - QSHA federal Offire Buildinc - Room 4028 550 Ham Street Cincinnati. OH 45202 1. Type ot Violation(s) | 2. Citation Number The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. Issuance Oate 4. Inspection Number 08/14/8 r 5. Reporting 10 0522000 7. Optional Report No. 1226 10123970? 6.CSHO 10 Cl 122 8. Page No. if ^ 10. Inspection Oate(s): Sen cus 01 11. Inspection Site: B/1/E9 - 2/9/8? 9. To: McGraw Construction C: and its successors 21 2. Canal Middletown* OH 45042 Inc. 655 N. University Blvs Middletown. OH "5042 THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location ot violations) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penaltyfies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 1b working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice ol contest to the U.S. Department ol Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are turther notified that unless you mlorm the Area Director in wnting that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided tor in the Act or. il contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated Penalties Are Due Within IS Days of Receipt of This Notificalion Unless Contested (See enclosed Booklet) This Seclion May Be Detached Before Posting 16. Penalty lb 29 CFR 1926.451(a)(3): Scaffold(e) were not- erected, moved, dismantled or altered with the suDervieicn of competent cersons: 08/18/89 (a) The tubular welded scaffolds in use on the job were not erected under the suoervision cf a ccmcetert eerscn as evidenced bv the use of a moss trace wnich was rusted through bv one attachment coint-. the intermixing of scaffold carts including the use of tube tyoe and angle tvoe "ass rmaciriD on the same bucks, the use of welding rods cr wire as securmc means between cucks. the aDsence of securing pins in the eastern, and t*e winnc uc cf a caster lock to Drevent its use. 2? CFR 1926.5~(e1(1): Emolcver had not deveioaed cr imeiemented a written "aiard communication orccram wnich at- least describes how the criteria m 29 CFR 1910.59(f1.(g) and 'r) will be met: 09/17/89 270.0 ' a i Mo written hazard communication urogram had been developed or implemented for construction operations such as the :od eite at 665 N. University Avenue. 17. Area (Director William M. Murcnv - area Dire 18.Last C: o NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The conlest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer-against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discnminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS ANO RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. r.fTATiOM and woTiciraTin*j nc ocutl rv opmiNAi McGCon 1932 rtcui i io~, iioai Total Penalty for Tilis Citation Mate Checfc or Money Order Piytela to: Inspection Number U.S. Department of Labor Occupational Safety and Health Administration Citatjon and Notification of Penalty U E DsQ3.rTt CT L3D0r ~ JiHA Federal Offics Euildino -- Focrc 402S 550 Main Etraet Cincinnati. OH 45202 1. Type Of Violation(s) 2. Citation Number The vio(ation(s) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. Issuance Date 4. Inspection Number 08/ 5. Reporting ID ? 10123870" 6. CSHO ID 05EE000 7. Optional Report No. Cl 129 8. Page No. 1 aof m 10. Inspection Date(s): Car t j-jc 01 11. Inspection Site: e/i/99 - 9/9/89 I T' McGraw Construction Co.. and its successors 31 9. Canal Middletown. OH 45042 Inc. E55 N. itv Blvd Middletown. QH 4504E THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place al or near the location of vio(ation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or lor 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation descnbes violations of the Occupational Safely and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within lb working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days alter receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does no) constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or. if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated 3 39 CF.R 192E.59(g) f.B>: Employer did riot- maintain cedes of trs '"SDuired material safety Data sheets for each hazardous chemical the workclace and ensure that thsv are readily accessible to the smciovees m thei1- work area durinc each work shift: m 09/17/89 Penalties Are Due WHNn 15 Days of Receipt at TUt Notification Unless Contested (See enclosed Booklet) This Section May Be Detached Before Posting 16. Penalty 270.0 (a) Material Eafe^v wsro not available on =its ^cr rhs hazardous mater' - is cres^nt 'ncludmc buz nor limited ^o thg *o' lew1 no: n:;vgSn, -,cetvlene. wsicin g rods. Tow Cornino si"** 'core caui. . Mar 11te canei adhesive, and Eherwm Williams A- ino fl^t latst: oaint. 17. Area Director W1111 am M, 'hurcr.v - H'-sa D; rs NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFtJCt=-The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination wifh the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ORIGINAL McGCon 1933 OSHA-2 (Rev. 1/841 Total Penalty tor This Citation Money Order Payable to: DOL-OSHA Indicate tnNupmcbtetorn Lf.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty n.s. D9D3rtir9nt * sbor -- ncu& cederai Office Buiidinc -- Rccrc mj2B 550 Main Street Cincinnati: OH "5202 1. Type of Violation(s) | 2. Citation Number The violation(s) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. Issuance Date 4. Inspection Number Md ! f ti / R 3 * r\* 3QQ'7f\'? 5. Reporting ID 6. CSHO ID 0522000 7. Optional Report No. 122 Cl 122 8. Page No. "of 10. Inspection Date(s): Serious 01 11. Inspection Site: 2/1/5? - 3/9/99 9. To: McGraw Construction and its successors 91 5. Canal Middletown. OH "50^2 me. 355 N. University 31vc Middletown, QH "50^*5 THE LAW REQUIRES that a copy of (his Citation be posted immediately in a prominent place at or near the location of vtolation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or (or 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations o< the Occupational Safety and Health Act of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties preposed, unless within 1b working days (excluding weekends and Federal holidays) Irom your receipt ol this Citation and penalty you mail a notice of contest to the U S. Department ot Labor Area Office at the address shown above. (See the enclosed booklet which outlines your nghts and responsibilities and should be read in conjunction with this form.) You are further notified Ihat unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within IS working days afler receipt, this Citation and the proposed penalties will become a final order of the Occupational Safely and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation ot the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description IS. Dale by Which Violation Must Be Abated ag rfP 1923.59(h): Emolovees were net provided information and training as soecified in 2? CFR 1923.59(h)(1) anc (2) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard is introduced into them work area: 09/17/B9 Penalties Are Due Within IS Oays of Receipt ol This Notification Unless Contested (See enclosed Booklet) This Section May Be Detached Before Posting 16. Penalty 270.0 id.) EitidIovess cn ths 'C2 sits Hid rscsivsd ^r?.inir?c ir. "tris hazard conmunicat-ion mogram including availability and use of material safety oata sheets. 29 CFR ic23.351(b)11): Arc weldino or cutting cable's; were not of the comnletaiv insulated, "-lexible tvoe, capsule o* hsndiinc the maximum current ,-ecuirements of the work m crcuress: / si/39 (ai rhp weitier neinc used at tne -ob site had --o covers eve - the ex.DOssd connections where the weidin.d cables attached to trie machine 17. Area Director William M. Murcnv ~ Area Cir NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at (he address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL-- The law pro hibits discrimination by an employer against an employee lor filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the disenmination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. i-fTATtnu Atm nrvnarATinki nc ocuai tv nomiMAi McGCon 1934 rscu a m-.. Tout Penalty for This Citation IMn Check or Money Order Payable to: "OOL-OSHA" Indtcafte Inspection Number on Remittance U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty U a S jonarr mon* ^ann r -- -ortora 1 Q^tjo 550 ^iin Street Cincinnatii 2H 45202 1. Type of Violation(s) 2. Citation Number uf`tP0 The violation^) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. Issuance Oate 4. Inspection Number 09/ !> S b * ') 1 P`5Q7nr7 5. Reporting ID 6. CSHO ID 0522000 n i pa 7. Optional Report No. 8. Page No. 1 pot 5of 10. Inspection Date(s): Serious 01 11. Inspection Site: 8/1/89 - 0/9/09 I 9. To: McGraw Ccnstruction Cs.. and its- successors 31 S. Canal Middletown, OH 45042 Inc 1:55 N. University 91vd Middletown, QH 45042 THE LAW REOUIRES that a copy ol this Citation be posted immediately in a prominent place at or near the location of viotatioofs) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within IS working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within IS working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided lor in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Oate by Which Violation Must Be Abated Immediatel y 29 CF,R 1926.403( i) (2) (i >: Live Darts of electric equipment operating at ' ' w C n Sgrgi at 50 volts or more were not guarded against accidental contact by cabinets or other Farms of enclosures, or bv any of the following means: (A) by location in a room, vault, or similar enclosure that- is accessible onlv a oualif:ed censor.! 'o! bv cartitions or screens so arranoed that onlv cuali^ied cersons will have access to the space within reach of the live carts; '5> bv location on a balcony, galle^v, or ciatform sc elevatec a a arrsnaec as to exclude ungual ifiec cersonsi f0) bv elevation of 0 feet more above the -rlocr c- other workinc surface ana so installed as to sv.c uas annual ifiec cersons: fa) At the northeast corner o-f the main store area [adjacent to an i tc i*ectr;o<i|c] there were exoosea wires protrudina from a wail bo; one of wnicn was snergicea and had the conductor eroosed to contact. ib) At the mam breaker canei wnere the Hobart- welder was located, the canei cove'- was left ct'f exDosmc 480 VAC contacts within the Do;. Piracies Are Due Within 15 Days of Receipt of TMs Notification Unless Contested (See enclosed Booklet) This Section May Be Detached Before Posting 16. Penally 540 . : 17. Area Director >Ji 111 am M. M,j.rch,v - Area Direc NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAfWFtJCb'-- The law pro hibits discrimination by an employer against/an employee for filing a complaint or for exercising anyrrtjfits under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. rrrTir>M **ar> Mnnciritrinki r\c ocitAl TV DPiniNAI McGCon 1935 nCUi.l (Qou 1/R4L Last- Pc Total Penalty tar Riis Citation Make Chech c Money Order Peyefcte to: "OOL-OSHA indicate Inspection Number on U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty U.S. Decartrr.snt cf Labor -- 08HA federal Office Euildinn - c'oom AOES =50 Mp' n Ctraot Cincinnati! uH +--E0c 1. Type of Violation(s) | 2. Citation Number The violation(s) descnbed in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. Issuance Date 4. Inspection Number '18/ 1^/3 r 5. Reporting 10 10iP"R?m 6. CSHO ID '''522000 7. Optional Fteport No. C! 122 8. Page No. 1236 iof ^ 10. Inspection Date(s): usnous 11. Inspection Site: 3/1/69 - S/9'E3 9. To: McSraw Construction Co., ana its successors 31 S. Canal Middletown. OH h50A2 Inc. 355 N. University Blva Middletown, OH "50A5 THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of viotationfs) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penaltyfies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 1 S working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within IS working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance ol this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided lor in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description IS. Oale by Which Violation Must Be Abated t 29 CFB.1926.aoaib>(1)(i): Empiover did net- use either ground- T'ault circuit interructers as specified in caragrach (bi(l)Iii) of this section, cr an assured equioment grounding conductor croaram as scecified in oaraaraDh 'bMIMiii) of this section tc rfjf orr !BCi2V&QC CP C 2 PS T TLl C T 1 OH c^f.oc ; Immediate!'.' Udcp Receipt a; "ilwauree drill 3N 06S9139065 was used on the roof ' H 1 T S t E *' 1 ' n C CE.DCCY ShES -E'' ?.nti ','f2 CCWB^Sd DV d. 5>:tsneion corns cut ''ac no GCFI or AEECP in use. 29 CFR 1S6."OR<fM6): The cath to Ground from circuits, eeuiDment, or enclosures was not remanent ana continuous: I mme h i a. t e 1 v Upon -=i-o' ct 'a) EmDiovees working on the canocv were using Milwaukee brill EN 0669139065 cowered sv extension cords, one cf which had its Ground arena -emovea. Penalties Are Due Within IS Days of Receipt of This Notification Unless Contested (See enclosed Booklet) This Section May Be Oetached Before Posting 16. Penalty 630.0' 230. [> 17. Area Director pl i 11 i am h. Mu'-chv -- ^rea Dit_ ------!<&r77r? 18 S.S t c d NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINAJfON UNUkWfttJtT^ The law pro hibits discrimination by an employer(agaist an employee for filing a complaint or for exercising arty-Rghts under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. rfTAnnw aun unncirAriow oc ocmai tv ORIGINAL McGCon 1936 OCUA.O iQov 1/fUl Total Penalty lor Ibis Citation fcUka Ctwcfc or Mtxwy Order "DOL-OSHA" Indicate Inspection Number on Remittance U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty U.S. L'saartmsnt of Labor - QSHA Federal Office Building - Room 4028 550 Mam Street Cincinnatii OH 45202 1. Type ot Vioiation(s) 2. Citation Number 1 The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. issuance Date 4. Inspection Number 08/14/8 ? 101'9707 S. Reporting ID 6.CSHO 10 0522000 7. Optional Report No. 1236 0112= 8. Page No. la 7 10. Inspection Date(s): Serious 01 11. Inspection Site: 8/1/89 - 3/9/89 I 9. To: McGraw Construction Cc., snd its c,ici95c*~c: 31 S. Canal Middletown. DH 45042 655 N. University Blvd Middletown. QH 45042 THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 wodring days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations ot the Occupational Safety and Health Act of 1970. The penalty!tes) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within IS working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice ot contest to the U.S. Department ot Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within IS working (lays alter receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided tor in the Act or. if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description IS. Date by Which Violation Must Be Abated Q 29 CFR 1926.451(a)(8): Scaffolds, including accessories such as braces, brackets, trusses, screw legs, ladders, etc. damaged or weakened from anv causes were not immediately renamed or replaced: Immediately Upon Receipt (a) One of tn tubular welded frame scaffolds on site had a moss brace which was rusted throuah and bent. Pennies Am Due WitNn IS Days of Receipt of This Notification Unloss Contested (See enclosed Booklet) This Section May Be Detached Before Posting 16. Penalty 450.0 17. Area Director william M. Murcny - Area Dir ector IB. $ 3780.'1' NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within IS working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- Tht> law pro hibits discrimination by an employer agairisi an employee for filing a complaint or for exercising any ngtus under this Act. An employee who believes that he has Been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. Total Penalty tor This Citation Mate* Check or Money Order tnepection Number EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and Rem*te should be read in conjunction with this notification. -------------------- rrr*nAw * wo wriTicir atiom r\c ocut i tv ORIGINAL McGCon 1937 rtclUA.n (Rw 1/A41 U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty U.S. Deoanmert of Labor - GSHA federal Office Building - c'oom ^02 550 Main Street Cincinnati- OH 45202 1. Type of Violation(s) 2. Citation Number The viotation(s) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the descnption given below. 3. Issuance Dale |4. Inspection Number 09/W/8F 1 E3970'7 5. Reporting 10 6. CSHO ID 7. Optional Report No. 1236 Cl 122 8. Page No. lof 1 10. Inspection Date(s): Other 02 11. Inspection Site: 9/1/S3 - E/9/S? 9. To: McGraw Construction Co.and its successors 31 S. Canal Middletown- OH '-*5042 Inc 655 N. University Blvd Middletown- OH ^5042 THE LAW REQUIRES thal a copy of this Citation be posted immediately in a prominent place at or near the location of vio(ation(s| cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within t b working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in coniunctron with this form.) You are further notified that unless you inform the Area Director in wntmg that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Oate by Which Violation Must Be Abated Penalties Are Due Within 15 ays ol Receipt ol This Notification Unless Contested (See enclosed Booklet) This Section May Be Detached Before Posting 16. Penalty 1 Immediately =9 CFP. 1903.2(a)'!): Ths QSHA notice was oof oostec inform smoicvBSp Uocn of tie orot-ections ana obligations arovicsa for in the Act: ' 5i)Tb9'"s `/iris '"'c 0BHA ccstsr disolsvsd m tns BitSa 17. Area Director William M. Murcnv - A^sa Director is: 0.0 NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising lany rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. Total Penalty tor This Citation Maka Check or Money Order EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer riahts and responsibilities and Be--mnc* shoula be read in conjunction with this notification. ------------;-------- CITATION ANO NOTIPICATION OC PTKJAI TV ORIGIN At McGCon 1938