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If you are considering a request for an informal conference to discuss any issues related to this Citation and. Notification 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 Area Director within 15 working days of your receipt of this Citation The running of this. contest period is not interrupted by an informal conference. If you decide to request an informal conference please complete remove and post the Notice to Employees next. to this Citation and Notification 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 If conditions warrant we can enter into an informal settlement. agreement which amicably resolves this matter without litigation or contest. Right to Contest You have the right to contest this Citation and Notification of Penalty You may contest. all citation items or only individual items You may also contest proposed penalties and or abatement dates. without contesting the underlying violations Unless you inform the Area Director in writing that you intend. to contest the cltation s and or proposed penaltv ies within 15 working days after receipt the citation s. and the proposed penalty ies will become a final order of the Occupational Safety and Health Review. Commission and may not be reviewed by any court or agency. Penalty Payment Penalties are due within 15 working days of receipt of this notification unless contested. See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982. Make your check or money order payable to DOL OSHA Please indicate the Inspection Number on the. remittance You can also make your payment electronically on www pay gov On the left side of the pay gov. homepage you will see an option to Search Public Forms Type 11 0SHA11 and click Go From the results click. on OSHA Penalty Payment Form The direct link is, httos www pay gov paygov fonns fonnlnstance html agencyFonnld 53090334. You will be required to enter your inspection number when making the payment Payments can be made by. credit card or Automated Clearing House ACH using your banking information Payments of 25 000 or more. require a Transaction ID and also must be paid using ACH If you require a Transaction ID please contact the. OSHA Debt Collection Team at 202 693 2170, OSHA does not agree to any restrictions or conditions or endorsements put on any check money order or. electronic payment for less than the full amount due and will process the payments as if these restrictions or. conditions do not exist, Notification of Corrective Action For each violation which you do not contest you must provide. abatement certificati on to the Area Director of the OSHA office issuing the citation and identified above This. abatement certification is to be provided by letter within 10 calendar days after each abatement date Abatement. certification includes the date and method of abatement Ifthe citation indicates that the violation was corrected. during the inspection no abatement certification is required for that item The abatement certification letter must. be posted at the location where the violation appeared and the corrective action took place or employees must. otherwise be effectively informed about abatement activities A sample abatement certification letter is enclosed. with this Citation Jn addition where the citation indicates that abatement documentation is necessary evidence. of the purchase or repair of equipment photographs or video receipts training records etc verifying that. abatement has occurred is required to be provided to the Area Director. Citation and Notification of Penalty Page2of10 OSHA 2. Employer Discrimination Unlawful The law prohibits 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 she has been discriminated against may file a complaint no later than 30 days after the discrimination. occurred with the U S Department of Labor Area Office at the address shown above. Employer Rights and Responsibilities The enclosed booklet OSHA 3000 outlines additional. employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees The law gives an employee or his her representative the opportunity to object to any. abatement date set for a violation if he she 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 and postmarked within 15 working days. excluding weekends and Federal holidays of the receipt by the employer of this Citation and Notification of. Inspection Activity Data You should be aware that OSHA publishes information on its inspection and. citation activity on the Internet under the provisions of the Electronic Freedom of Information Act The. information related to these alleged violations will be posted when our system indicates that you have received. this citation You are encouraged to review the information concerning your establishment at www oshagov If. you have any dispute with the accuracy of the information displayed please contact this office. Citation and Notification of Penalty Page3 oflO OSHA 2. U S Department of Labor,Occupational Safety and Health Administration. NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE, An informal conference has been scheduled with OSHA to discuss the citation s issued on.
09 23 2015 The conference will be held by telephone or at the OSHA office located at 919. Market Street Suite 900 Wilmington DE 19801 on at, Employees and or representatives of employees have a right to attend an. informal conference, Citation and Notification of Penalty Page4ofl0 OSHA 2. CERTIFICATION OF CORRECTIVE ACTION WORKSHEET,Inspection Number 1084334. Company Name ENTERPRISE MASONRY CORPORATION, Inspection Site 4th and Union Streets Wilmington DE 19804. Issuance Date 09 23 2015, List the specific method of correction for each item on this citation in this package that does not read Corrected.
During Inspection and return to U S Department of Labor Occupational Safety and Health. Admfnistration 919 Market Street Suite 900 Wilmington DE 19801. Citation Number and Item Number,By Method ofAbatement. Citation Number and Item Number was corrected on,By Method ofA b a t e m e n t. Citation Number and Item Number,By Method of A b a t e m e n t. Citation Number and Item Number was corrected on,By Method of A b a t e m e n t. Citation Number and Item Number,By Method ofA b a t e m e n t.
Citation Number and Item Number,By Method of A b a t e m e n t. I certify that the information contained in this document is accurate and that the affected employees and their. representatives have been informed of the abatement. Signature Date,Typed or Printed Name Title, NOTE 29 USC 666 1 whoever knowingly makes any false statements representation or certification in any application record plan or. other documents filed or required to be maintained pursuant to the Act shall upon conviction be punished by a fine of not more than. 10 000 or by imprisonment of not more than 6 months or both. POSTING A copy of completed Corrective Action Worksheet should be posted for employee review. Citation and Notification of Penalty Pages oflO OSHA 2. U S Department of Labor Inspection Number 1084334, Occupational Safety and Health Administration Inspection Date s 08 06 2015 08 06 2015. Issuance Date 09 23 2015,Citation and Notification of Penalty. Company Name ENTERPRISE MASONRY CORPORATION, Inspection Site 4th and Union Streets Wilmington DE 19804.
Citation 1 Item 1 Type of Violation Serious, OSHACT of1970 Section 5 a l Section S a l of the Occupational Safety and Health Act of. 1970 The employer did not furnish employment and a place of employment which were free from. recognized hazards that were causing or likely to cause death or serious physical hann to employees in. that employees were exposed to excessive heat while working outdoors in direct sunlight for. approximately 5 hours with a peak heat index of 91 2 degrees Fahrenheit while performing brick laying. a Enterprise Masonry Corporation 4th and Union Street Wilmington DE The Flats On or about July. 28 2015 an employee was hospitalized for heat exhaustion after working outside constructing a. basement at the Flats housing development Employee was exposed to excessive heat for. approximately 5 hours with a peak heat index of91 2 degrees Fahrenheit. Feasible and acceptable means of abatement include but are not limited to. 1 Implementing a work rest regimen in accordance with the American Conference of. Governmental Industrial Hygienists ACGIH 1992 1993 Permissible Heat Exposure Threshold. Limit Values, 2 Rescheduling work during the cooler periods of the day e g early morning and or in the. 3 Encouraging employees to drink 5 to 7 ounces of cool water every 15 to 20 minutes. 4 Providing a training program for all employees regarding the health effects associated with heat. stress recognizing symptoms of heat induced illnesses and methods of preventing such. 5 Providing shade for employees to take breaks in such as installing a canopy or umbrella. 6 Establishing an employee rotation for outdoor workers performing manual or skilled labor to. prevent prolonged exposure to excessive heat, See pages 1 through 4 of this Citation and Notification ofP a ty for information on employer and employee rights and responsibilities. Citation and Notification ofpenalty Page 6 of IO OSHA 2. U S Department of Labor Inspection Number 1084334, Occupational Safety and Health Administration Inspection Date s 08 06 2015 08 06 2015. Issuance Date 09 23 2015,Citation and Notification of Penalty.
Company Name ENTERPRISE MASONRY CORPORATION, Inspection Site 4th and Union Streets Wilmington DE 19804. 7 Providing specific procedures to be followed for heat related emergency situations and. procedures for first aid to be administered immediately to employees displaying symptoms of. heat related illness, 8 Using dermal patches for monitoring core temperature to better identify when workers need to. be removed from the work area, Abatement certification and documentation required within 10 days after abatement date The. certification shall include a statement that abatement is complete the date and method of abatement. and state that employees and their representatives were informed of this abatement. ABATEMENT DOCUMENTATION REQUIRED FOR Tms ITEM,Date By Which Violation Must be Abated 10 13 2015. Proposed Penalty 4900 00, See pages 1 through 4 ofthis Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page7 of O OSHA 2. U S Department of Labor Inspection Number 1084334, Occupational Safety and Health Administration Inspection Date s 08 06 2015 08 06 2015. Issuance Date 09 23 2015,Citation and Notification of Penalty. Company Name ENTERPRISE MASONRY CORPORATION, Inspection Site 4th and Union Streets Wilmington DE 19804. Citation 2 Item 1 Type of Violation Other than Serious. 29 CFR 1904 39 a 2 The employer did not report an in patient hospitalization amputation or loss of. an eye as a result of a work related incident to OSHA within twenty four 24 hours. a Enterprise Masonry Corporation 4th and Union Street Wilmington DEfThe Flats On or about July. 28 2015 an employee was hospitalized for heat exhaustion while performing masonry activities at a. residential new construction site in Wilmington DE The employer failed to report the hospitalization. within 24 hours as the report was received on August 4 2015. No abatement certification or documentation required. Date By Which Violation Must be Abated Corrected During Inspection. Proposed Penalty 1000 00,Erin G Pattenon,Area Director. See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page8of10 OSHA 2. U S Department of Labor,Occupational Safety and Health Administration.
919 Market Street,Wilmington DE 19801,Phone 302 573 6518 Fax 302 573 6532. DEBT COLLECTION NOTICE,Company Name ENTERPRISE MASONRY CORPORATION. Inspection Site 4th and Union Streets Wilmington DE 19804. Issuance Date 09 23 2015, Summary of Penalties for Inspection Number 1084334. Citation 1 Serious 4900 00,Citation 2 Other than Serious 1000 00. TOTAL PROPOSED PENALTIES 5900 00, To avoid additional charges please remit payment promptly to this Area Office for the total amount of the.
uncontested penalties summarized above Make your check or money order payable to DOL OSHA Please. indicate OSHA s Inspection Number indicated above on the remittance You can also make your payment. electronically on www pay gov On the left side of the pay gov homepage you will see an option to Search. Public Forms Type OSHA and click Go From the results click on OSHA Penalty Payment Form The. direct link is https www pay gov paygov forms fonnlnstance html agencyForm Id 53090334 You will. be required to enter your inspection number when making the payment Payments can be made by credit card or. Automated Clearing House ACH using your banking information Payments of 25 000 or more require a. Transaction ID and also must be paid using ACH If you require a Transaction ID please contact the OSHA. Debt Collection Team at 202 693 2170, OSHA does not agree to any restrictions or conditions or endorsements put on any check money order or. electronic payment for less than the full amount due and will cash the check or money order as if these. restrictions or conditions do not exist, If a personal check is issued it will be converted into an electronic fund transfer EFf This means that our. bank will copy your check and use the account information on it to electronically debit your account for the. amount of the check The debit from your account will then usually occur within 24 hours and will be shown on. your regular account statement You will not receive your original check back The bank will destroy your. original check but will keep a copy of it If the EFf cannot be completed because of insufficient funds or closed. account the bank will attempt to make the transfer up to 2 times. Citation and Notification of Penalty Page9of10 OSHA 2. Pursuant to the Debt Collection Act of 1982 Public Law 97 365 and regulations of the U S Department of. Labor 29 CFR Part 20 the Occupational Safety and Health Administration is required to assess interest. delinquent charges and administrative costs for the collection of delinquent penalty debts for violations of the. Occupational Safety and Health Act, Interest Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all. penalty debt amounts not paid within one month 30 calendar days of the date on which the debt amount. becomes due and payable penalty due date The current interest rate is one percent 1 Interest will accrue. from the date on which the penalty amounts as proposed or adjusted become a final order of the Occupational. Safety and Health Review Commission that is 15 working days from your receipt of the Citation and. Notification of Penalty unless you file a notice of contest Interest charges will be waived if the full amount. owed is paid within 30 calendar days of the final order. Delinquent Charges A debt is considered delinquent if it has not been paid within one month 30 calendar. days of the penalty due date or if a satisfactory payment arrangement has not been made If the debt remains. delinquent for more than 90 calendar days a delinquent charge of six percent 6 per annum will be assessed. accruing from the date that the debt became delinquent. Administrative Costs Agencies of the Department of Labor are required to assess additional charges for the. recovery of delinquent debts These additional charges are administrative costs incurred by the Agency in its. attempt to collect an unpaid debt Administrative costs will be assessed for demand letters sent in an attempt to. collect the unpaid debt,Erin G Patterson Date,Area Director. Citation and Notification of Penalty Page 10of10 OSHA 2.

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