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

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III —CITATION APPEAL: An employer may file a first appeal to the issuing division in writing for modification or dismissal of a citation item and/orany proposed penalty or an extension of time for abaternerat. The first appeal can also result in a penalty reduction of up to 50% providing the issuing, division and the employer agree to the conditions (a) through (e) as stated in Section 1I, INFORMAL SETTLEMENT (above). An employee or eniployee represenwative may appeal in writing the reasonableness of the abatement date(s), The envelope containing an appeal must be postinark'ed no later than the 15th workday following receipt of the citation. 1'I° a citation is not appealed within I' 5 workdays ofreceipt:, then the citation becomes a Final Order of the Board of Health and Safety Coinpliance and Appeals (Board). 'Final Order citations are not subject to review by the issuing division unless the Bureau of l-learings establishes good cause for the late appeal. An appeal must specify the items) appealed and that portion of the item (e.g., violation, abatement date, penalty) which is being appealed and include a certification that the appeal has been posted or given to affected employees or their representatives, 11"111e issuing division meets with the employer to discuss an appeal, the issidng division will notify the employee representative and allow attendance at the rneeting. The issuing division will notity an employer of its decision within 15 workdays of the receipt of the employer's written appeal. The decision must be posted at the location of the subject citation. If an employer, employee or employee representative is not satisfied with this decision then they may file a second appeal. The appeal must be in writing and the envelope containing the second appeal must be postmarked within 15 workdays of the receipt of the issuing division's decision on the first appeal. If the issuing division's decision is not appealed then the citation becomes a Final Order of the Board. IV —MONETARY PENALTIES: Payment must be made within 15 workdays of the date a proposed penalty of a citation becomes a Final Order of the Board. This would be the 30th workday after receipt of each citation item that is not appealed. For payment of a penalty, make a check or money order payable to the "State of Michigan" and remit to the issuing division at the address shown on the citation. Please record the inspection number, citation and item number on the check, money order or transmittal letter. V—EXTENSION OF TIME TO ABATE: An employer may file a petition for modification of abatement date(s) (PMA) on an item of a citation, which has becotne a Final Order of the Board. 'nic .PMA must be subraaitted to the issuing division in writing by 1�ersonaal delivery or postmarked no later than one day following, the abartemenl date, and a copy posted near the place the: citation was, posted. An employer must have made a good faith effort to correct the violation by the aahatementdate, and has or, will not be successful because of factors beyond the employer's reasonable control. A PMA must include: (a) Steps taken to achieve compliance. (b) The specific additional abatement time necessary. (c) The reasons the additional time is needed. (d) Available interim steps being taken to safeguard the employees against the cited hazard during the abatement period. (e) A certification that a copy of the PMA has been posted for employees at the location of the subject citation. The posted copy must remain posted for a minimum of 10 workdays. 11'01e issuln,g division or affected employees file an objection to the PMA within 10 workdays of the employer's filing dale, the lloard will schedule ahearing and advise the employer of the date, time, and place, of ilae hearing. VI —EMPLOYEE DISCRIMINATION: Section 65 of the MIOSHAct, prohibits discrimination by an employer against an employee for filing a complaint or exercising any rights under the MIOSHAct, as amended. If an employee believes that lie or she was discharged or otherwise discriminated against as a result of filing a complaint, they may file a complaint with the MIOSHA Employee Discrimination Section within 30 days after the violation occurs. VII—STATE CONSULTATION EDUCATION AND TRAINING SERVICES: The MIOSHA Consultation Education and Training (CET) Division offers a wide range of services to help businesses with their health and safety practices. CET services include: helping employers create a Safety and Health Management System, seminars and workshops, onsite consultations, hazard surveys, an equipment loan program and information material. The majority of CET services are provided free of charge to Michigan employers and employees. For information on these services, contact the CET Division at (517) 2 4-7720 or visit, their web site at www.mi.govfmiosha. Citation atttl Notification of Penalty Page 3 of 5 MIOSHA-2 (Rev. 0911 ti)