Opening of Bids - Main & Jefferson Earthwork Project No 119-022 - Hardman Construction

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The third Monday in January, Martin Luther King, Jr. Day February 12, Lincoln's birthday The third Monday of February, Washington's birthday The last Monday of May, Memorial or Decoration Day July 4, Independence Day The first Monday in September, Labor Day The second Monday in October, Columbus Day November 11, Veterans' Day The fourth Thursday of November, Thanksgiving Day December 25, Christmas Day Please note whenever January 1; February 12; July 4; November 11; or December 25 fall on a Sunday, the next Monday following is deemed a public holiday (non -working day) for appeal purposes. However, there is no compensating day when one of the *five dated holidays falls on a Saturday. Also, when computing the 15 working days, you do not count the date on which it is received; you start with the next working day. Additionally, the count is based on when the citation was received at the employer's location, not when it got to any particular person or office at the employer's location. I —CITATIONS: The nature of the alleged violation(s) is described on the enclosed citation(s). These conditions must be corrected on or before the date(s) shown in the line marked "Date By Which Violation Must Be Abated." The issuing division may be contacted by telephone at the number indicated on the front of the citation for the purpose of discussing any issues related to the inspection or citation(s). A copy of the citation(s) must be posted at or near the location of the violation for a minimum of 3 days or until the items have been corrected, whichever is later. The MIOSHAct provides for civil penalties of up to $7,000 for each violation for failure to comply with posting requirements. When compliance is achieved, a copy of the citation must be signed and returned to the issuing division along with documentation of abatement. Documentation of abatement for citation items originally classified as "serious," "repeat," "fail -to -abate," "willful," or "instance -by -instance," require documentation as deemed appropriate by the issuing division. Examples of documentation for these violation classifications are: (a) A detailed description of how the violation was abated. (b) Work orders or an invoice indicating the corrective work that has been done. (c) Photographs of the abated conditions. (d) Other forms of conclusive evidence that your employees are no Ionger exposed to the hazard. For citation items cla�ssilied as "(AIICT," subnnitting to the issuing division a signed copy of the citation item indicating the item has been abutted is acceptable documentation of abatement. Submitting a document in writing, certifying abatement of the particular citation item is also acceptable for citation items classified as "other." If the employer does not provide adequate documentation of abatement, a re -inspection may be conducted. Failure to correct an alleged violation within the abatement period may result in new or additional proposed penalties. Correcting a violation prior to the expiration of the abatement date does not eliminate the requirement to pay the penalty. Payment of the penalty does not eliminate the requirement of correcting the violation. II —INFORMAL SETTLEMENT: In addition to the appeal rights afforded by the MIOSHAct, the Michigan Occupational Safety and Health Administration has implemented a program for negotiating informai settlement with the employer. This is a program designed to reach abatementofthe hazard at the earliest possible op port Lill ity and reduce the need for formal appeals. The informal settlement can result in a penalty reduction of up to 50% provided the issuing division and the employer agree to a number of specified conditions. These conditions include an agreement by the employer to: (a) Not appeal further. (b) Abate all items within the abatement period. (c) Provide proof of abatement. (d) Pay all agreed upon penalties. (e) Abide by any other mutual ly agreed upon actions. If you are interested in pursuing an informal settlement, you should contact the issuing division within 5 workdays upon receipt of the citation(s), but no later than the 15th workday beyond receipt of the citation(s). If the employer wishes to accept the conditions stated above and the process can be completed within 15 workdays from receipt, then no appeal need be filed. Ciladon and NoliGcalion orpenally 1"age 2 of MIOSHA-2 ("Rev. 09/15)