VIOLATION NOTICE

June 22, 2018

Norbert S. Klopsch
City Manager
City of Oakwood
30 Park Ave
Dayton, Ohio 45419

CERTIFIED MAIL 7018 0360 0000 2861 8598

RE: Scheduled investigation, City of Oakwood, residential neighborhood – Visit Number: 1039709

An enforcement investigation conducted between 03/08/2018 and 05/24/2018 at the above referenced location
revealed conditions that are not in compliance with adopted Ohio Public Employment Risk Reduction Program
(PERRP) standards.

Therefore, PERRP is issuing two citations for alleged violations under authority of Ohio Revised Code (ORC)
section 4167.10(D). This Violation Notice describes your rights and responsibilities. A description of the alleged
violations appears in the attached citation(s), that also includes references to applicable standards, rules, and
regulations.

Please note: the alleged violations outlined in this violation notice may also exist in other locations that were outside
the scope of this investigation. Failure to address similar hazardous conditions in other operational locations may
constitute a willful failure to abate, should PERRP conduct future inspections in accordance with the provisions of
ORC §4167.10 and Ohio Administrative Code (OAC) §4167-8-01.

Citation Posting
You must post a copy of this Violation Notice and the enclosed citations immediately at or near the location
of the alleged violation and where affected employees may review the findings. All citations must remain
posted until you correct all alleged violations, or for three working days, whichever period is longer.

Informal Conference
An employer may request an informal conference with the PERRP Director to discuss any issues raised by an
inspection, citation, or notice of intention to contest. The informal conference must occur within fourteen days after
receipt of the citations. An informal conference or the request for one does not extend the fourteen-calendar
day period that the employer or the employee representative may contest issued citations. During an informal
conference, you must provide documentation that would support adjustment or changes to the issued citations.

To schedule an informal conference, please send your request to PERRPComplaint@bwc.state.oh.us or call (800)
671-6858. If you choose to request an informal conference, the PERRP Director may provide affected employees
an opportunity to participate.

Violation Notice − Page 1 of 2

Contesting Citations
Public employers have a right to file a notice of contest for any or all parts of issued citations. If you chose to
contest, you must postmark your notice within fourteen days after you receive the citations and mail it to PERRP at
the address at the top of this violation notice. An affected public employee or public employee representative has
the right to contest the abatement dates within fourteen days after receipt of the citations. The notice of contest
must include the factual basis for contesting each provision of the act, standard, regulation, rule, or order
issued by the PERRP Director.

Abatement Verification
You must correct the alleged violations on or before the date shown on each citation and submit an abatement
verification report for each citation item to the PERRP Director within fourteen calendar days after the
abatement date for each citation. You must post the abatement verification report at or near the location of
the alleged violation and where affected employees may review the report. The verification report must remain
posted until you correct every violation, or for six calendar days, whichever is later. The PERRP Director may require
progress reports in citations where multi-step and/or long-term abatement is appropriate. Receipt of your abatement
verification documents by PERRP does not constitute an agreement that your workplace is complying with adopted
standards, rules, or regulations.

Petition for Modification of Abatement Date

An employer may file a petition for modification of a citation abatement date (PMAD) when you make a good faith
effort to comply with the abatement requirements of a citation, but you cannot complete the abatement because of
factors that are beyond your control. You must file a petition for modifying an abatement date with the PERRP
Director no later than the close of business on the working day that follows abatement date on the citation.
A later-filed petition must include a statement of exceptional circumstances that explains the delay. You must post
copy of the PMAD at or near the location of the alleged violation and where affected employees may review
the petition for a period of fourteen calendar days.

Court Appeals
Anyone adversely affected by a final order of the BWC Administrator, and who has exhausted all administrative
appeals, may appeal the order, within thirty (30) days of the receipt of the final order, to the Court of Common Pleas
of Franklin County, or to the Court of Common Pleas of the county where the alleged violations occurred.

Failure to Abate Penalties

If a public employer, public employee, or public employee representative willfully fails to comply with any final order
the BWC Administrator may apply to the Court of Common Pleas for an injunction, restraining order, or any other
appropriate relief. Ohio Revised Code §4167.17 requires the court to order appropriate relief and impose a
civil penalty of not more than five hundred dollars ($500.00) per day, per violation and not to exceed ten
thousand dollars ($10,000.00) per violation.

If you or your staff have questions or concerns regarding this violation notice or citations, please do not hesitate to
contact this office at (800) 671-6858.

06/22/2018
Glenn E. McGinley II Date
Director
Public Employment Risk Reduction Program

Violation Notice − Page 2 of 2

STATE OF OHIO
Public Employment Risk Reduction Program
Division of Safety and Hygiene
Ohio Bureau of Workers' Compensation

Visit Number: 1039709

Inspection Date(s): 03/08/2018 to 05/24/2018
Issuance Date: 06/22/2018

CITATION:
Policy Number: 35705502
Employer Name: City of Oakwood
Inspection Location: Residential neighborhood, at or about 269 Northview Road, Oakwood, Ohio 45419

Item Number 01 Abatement Date 06/29/2018

Condition

29 CFR 1926.651(k)(2): Where the competent person finds evidence of a situation that could result in a possible
cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions,
exposed employees were not removed from the hazardous area until necessary precautions were taken to ensure
their safety.

Finding(s)

a. On or about March 8, 2018, a competent person at the work location did not remove employees from a
hazardous trenching and excavation area and the situation resulted in a cave-in that exposed employees to
struck-by and crush hazards.
b. Hazardous conditions that existed in the trench included, but were not necessarily limited to: trench walls that
were not adequately protected from cave-in or collapse and; vibration from work vehicles adjacent to the
trench.

This Citation Must Be Posted

NOTE: The issuance of a 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 a contested citation is affirmed. Receipt of an employer's abatement verification documents by the superintendent
does not constitute an agreement that the employer has abated the condition for the issued citation.

See attached Violation Notice for information on employer and employee rights and responsibilities.

Citations Page 1 of 2
STATE OF OHIO
Public Employment Risk Reduction Program
Division of Safety and Hygiene
Ohio Bureau of Workers' Compensation

Visit Number: 1039709

Inspection Date(s): 03/08/2018 to 05/24/2018
Issuance Date: 06/22/2018

CITATION:
Policy Number: 35705502
Employer Name: City of Oakwood
Inspection Location: Residential neighborhood, at or about 269 Northview Road, Oakwood, Ohio 45419

Item Number 02 Abatement Date 06/29/2018

Condition

29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate
protective system designed in accordance with paragraph (b) Design of sloping and benching systems or (c)
Design of support systems, shield systems, and other protective systems.

Finding(s)

On or about March 8, 2018, employees were exposed to struck-by and crush hazards in an excavation that did
not have an adequate protective system in place to prevent cave-ins at a temporary work location which was
situated at or about 269 Northview Road in Oakwood, Ohio 45419.

This Citation Must Be Posted

NOTE: The issuance of a 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 a contested citation is affirmed. Receipt of an employer's abatement verification documents by the superintendent
does not constitute an agreement that the employer has abated the condition for the issued citation.

See attached Violation Notice for information on employer and employee rights and responsibilities.

Citations Page 2 of 2
 Abatement Verification Report
Public Employment Risk Reduction Program
13430 Yarmouth Drive
Pickerington, Ohio 43147
Toll Free: 800-671-6858
Fax: 614-621-5754
www.bwc.ohio.gov

As required by rule 4167-13-01 of the Ohio Administrative Code, the following abatement verification report is
hereby submitted in reference to a citation issued by the Public Employment Risk Reduction Program.

Employer Name: City Of Oakwood

Employer Address: 30 Park Ave Dayton, Ohio 45419

Visit Number: 1039709 Citation Number: Corrective Action Date:

Corrective Action on this item has been completed: (Check one) Yes No

Description of Corrective Action Taken: (Attach any appropriate documentary evidence that will clearly
substantiate hazard correction. [e.g., photographs, invoices, training records, etc.])

This form may be copied as necessary.

 Abatement Verification Report
Public Employment Risk Reduction Program
13430 Yarmouth Drive
Pickerington, Ohio 43147
Toll Free: 800-671-6858
Fax: 614-621-5754
www.bwc.ohio.gov

Employer Name: City Of Oakwood

Employer Address: 30 Park Ave Dayton, Ohio 45419

Visit Number: 1039709 Citation Number: Corrective Action Date:

Corrective Action on this item has been completed: (Check one) Yes No

Reason Corrective Action has not been completed: (If applicable) [NOTE: If the employer has initially stated that
a particular citation item has not been abated, and later the employer abates the condition, the employer must submit
to the superintendent abatement verification within fourteen calendar days after abatement.]

Signature of Employer’s Authorized Representative Date of Signature

Each employer shall submit to the administrator an abatement report with respect to each citation item, and do so within fourteen calendar days
after the abatement date for the citation item. This document must be submitted by first-class mail, postage prepaid, facsimile transmission, or
hand delivery, the date of submission is the date when the document is received by the administrator. A copy of each document required to
be submitted to the administrator shall be posted, at the time of submission, at or near each place the violation(s) described in the
citation occurred. Abatement verification documents shall remain posted until the violation has been abated, or for six calendar days, whichever
is later. False statements knowingly and willfully made in any document required by this rule are subject to the willful failure to comply provisions.

Ref. OAC 4167-13-01

This form is provided for the assistance of any employer required to submit documentation required by this rule. This form is not
intended to constitute the exclusive means by which abatement verification may be submitted to the Public Employment Risk Reduction
Program.

This form may be copied as necessary.