MA Mortenson inspection #318018868 - Finance & Commerce · 2020. 6. 10. · Mortenson is the general contractor on site at the US Bank Stadium project in Minneapolis, MN. As part

Minnesota Department of Labor and Industry Occupational Safety and Health Division

Inspection Number: 318018868 Optional Report No.: 04615 OSHI ID: B4620

Inspection Information and Narrative Inspection Date(s): 08/26/2015 - 02/11/2016

Establishment Name: MA Mortenson Company dba Mortenson Construction

Penalty Credits

Number of Employees: 628 Size Credit: 0 Good Faith: 20 History: 10

Basis for Penalty Credits Size: Calculated from the total maximum national employment in the previous 12 months as stated by the employer.

Good Faith: Based on the evaluation of the employer's safety and health program as summarized below.

Past History: Based on prior related history.

Evaluation of Employer's Overall Safety and Health Program:

Mortenson is a is a Level 2 Chase Partnership member, and per the agreement, would receive the maximum 30% good faith credit, but per the FCM, will receive 20% due to a fatality inspection.

Mortenson has safety and health programs and training in place.

Mortenson is the general contractor on site at the US Bank Stadium project in Minneapolis, MN. As part of their role in this project, they have work policies in place, including safety policies. Each subcontractor must follow these policies to maintain their role in the project. The policies are given to the subcontractors prior to the beginning of work, and include a Contract between the two companies.

Mortenson has a Zero Injury manual for this project. It covers topics such as employer and employee responsibilities, including responsibilities per job title, subcontractor responsibilities, training, personal protective equipment, and many other topics. Subcontractors are expected to report any close calls and near misses to Mortenson for tracking purposes, as well as making sure that corrective action is taken so that the same or similar incidents don't' occur again.

AW AIR - The employer had a written AW AIR program in place that met all of the required elements. The program is updated annually and conveyed to employees.

Right To Know - The employer has a RTK program in place. Training is conducted annually for employees. GHS has been covered with the employees. SDS and MSDS sheets are available for the employees.

Narrative Comments

A. Purpose and Scope of Investigation:

This partial safety inspection was derived from Inspection# 318018850 in conjunction with fatality and serious injury# 20150154.

MNOSHA Inspection Information & Narrative Page 1 of6 MNOSHD- lAC (Rev 7 /07)


Inspection Number: 318018868 Optional Report No.: 04615 OSHI ID: B4620

Inspection Information and Narrative Inspection Date(s): 08/26/2015 - 02/11/2016


B. Description of Site, Product, Processes, Equipment, Etc.:

US Bank Stadium in Minneapolis, MN is the future home of the NFL franchise Minnesota Vikings. It is a 66,000 seat, closed roof stadium, being constructed at the site of the old Metrodome. It is nearly 30 stories tall at the highest point.

Mortenson has their offices for this project located at 1010 S 7th Street, Minneapolis, MN 55415. It is a building located across the street from the US Bank Stadium construction project.

The focus of this inspection is the peak and North face of the roof of the stadium.

MA Mortenson Company is the general contractor on site for US Bank Stadium construction project. On August 26, 2015, Mortenson employees were on site doing their job duties as normal. This included running the daily morning construction and safety meetings. This also included the daily walkaround of the job site. General equipment on site included a crane, scaffolding and various hand tools.

Berwald Roofing Company Inc is a subcontractor on site at the US Bank Stadium construction project. Berwald is doing the install of the weather-tight roof on the North face, and partial South face of the stadium roof. On August 26, 2015, Berwald employees were on site to continue the work of the install of the North roof face. Part of the work for the day also included installation of the roof around the East access hatch near the peak of the roof. Equipment on site included materials for installation (5 layers), adhesives and various hand tools.

C. Opening Conference Notes:

An opening conference was held on August 26, 2015 with Contacts# 1, 2, 3, 4, 5 and 6. The opening conference was conducted at 1010 S 7th Street, Minneapolis, MN, which was the staging building for the project. Additional Contacts from Berwald Roofing (Contacts 17, 18 and 19) were present during the opening conference. OSHis B4620 and Contact # 7 presented credentials and informed the employers' representative as to the nature, purpose and scope of the investigation. The MN OSHA-checklist was used to ensure that all pertinent items were properly addressed during the inspection. Paperwork was requested from the employer, and included safety and health programs and training records, and blueprints of the accident area. All parties were cooperative in regards to the inspection.

D. Walkaround Inspection Notes:

A walkaround of the accident area was conducted at the US Bank Stadium construction site on August 26, 2015 following the opening conference. OSHis B4620 and Contact# 7 were escorted by Contacts#



Inspection Information and Narrative

Inspection Number: 318018868 Optional Report No.: 04615 OSHI ID: B4620 Inspection Date(s): 08/26/2015 - 02/11/2016


1, 2, 3, 4, 5, 6 and 8 from Mortenson. Contacts# 17, 18, and 19 were present from Berwald for the walkaround. The walkaround included the snow gutter area, and the catwalk and roof hatch at the roof peak. Personal protective equipment was worn by OSHis and included hard hats, safety glasses, high visibility vests, gloves (required and provided by Mortenson), and steel toed shoes. Notes were taken. Photos were taken.

OSHI B4620 spoke with Contact # 1 via telephone on September 1, 2015 in regards to the opening conference and the paperwork that was requested. These items included safety and health programs with associated training, including AW AIR and fall protection. Other items included a list of materials on site for the roofing project, information regarding the engineered guardrails from Braun Intertec, the onsite safety guidelines being used prior to the accident, and the blueprints of the job site.

OSHI B4620 spoke with Contact# 1 via telephone on September 10, 2015 about acquiring a roof diagram or blueprint to give perspective to the layout of all equipment and staging on the roof since OSHis cannot gain access to the roof area. A request was made for the elevation of the peak of the roof line, and the area in which the victim fell off of the roof.

OSHis B4620 and Contact# 7 arrived on site at 1010 S 7th Street on September 22, 2015 at 2:00 PM to speak with representatives from Berwald Roofin . Contacts # 1 2 and 8 met with OSHis to hel with guidance for finding a Berwald representative. After the meeting was concluded, OSHis left the site.

OSHis B4620 and Contact# 7 arrived on site at 1010 S 7th Street on October 6, 2015 at 1:00 PM to speak with representatives from Berwald Roofing. Contact # 1 met with OSHis to help with guidance for finding a Berwald representative.

OSHis B4620 and Contact# 7 arrived on site at 1010 S 7th Street on October 14, 2015 at 9:30 AM to speak with representatives from Berwald Roofing. Contact # 1 met with OSHis to help with guidance for finding a Berwald representative.






E. Closing Conference Notes:

OSHis B4620 and Contact # 9 conducted a closing conference at the Mortenson headquarters on February 11, 2016 with Contacts # 1 and 21. A MN OSHA checklist was used to assure that all pertinent items were properly addressed during the closing conference. One citation was proposed at this time with an abatement period being set and agreed upon by OSHis and Contacts. Handouts were given and included the MNOSHA Workplace Inspection Procedures and an OSHA informational sheet.

F. Summary of Complaint or Accident Findings:

On the morning of Wednesday, August 26, 2015, an employee from Berwald Roofing was injured and an employee from Berwald Roofing was killed while working on the North roof face of the US Bank Stadium construction project.

Berwald employees arrived on site at approximately 6:00 AM to begin work for the day. After attending the daily plan of the day meeting, a~oup meeting, the employees headed to the roof to begin work. At approximately 7 :45 AM, -and .lipped on the roof, causing them to slide down the roof. Both employees ~ak of the roof when they slipped on the wet PVC membrane on the North side of the roof. -topped after hitting a guardrail stanchion after sliding 170 feet.

broke through the guardrail system after sliding down the roof 170 feet, and continued to slide 130 feet down the remainder of the roof until •fell off of the edge of the roof onto an elevated platform in the snow gutter below. The fall height was approximately 25 feet from eave to platform.

Per Mortenson specs, the roof length from peak to eave where traveled was 300 feet. The guardrail broke through was 170 feet from the peak, feet from the eave. The snow gutter ran along the North side of the build. ing. A~ere fell off of the roof, the snow gutter base was 50 feet from the roof eave. -only fell 25 feet because I landed on an elevated work platform that was installed in the snow gutter. ·

As part of construction process, subcontractors need to submit worksite plans to Mortenson, including site safety plans. Mortenson must okay the plan before an employer can begin on site. If changes needed to be made, Mortenson could send it back with suggestions, or have a meeting with subcontractor management to discuss the Ian. Prior to Berwald be inning work, the plan was looked at in February 2015 by Mortenson They ultimately gave the go ahead to use a redundant guardrail system that the site safety plan called for, on the North roof face as fall protection. The guardrail system included a guardrail located at the perimeter of the roof. It would include a dual 2x4 top rail, dual 2x4 midrail and single 2x6 toeboard. The redundant second system would begin 25 feet from the perimeter rail, with subsequent rails being set up every 70-80 feet up the

MNOSHA Inspection Information & Narrative Page 4 of6 MNOSHD-lAC (Rev 7 /07)





slope. The redundant system would be a dual 2x4 top rail, dual 2x4 midrail and single 2x6 toeboard and netting between the toe board and midrail. Per the site safety plan, "the purpose of the redundant rail is to serve as an extra safety precaution in the event that anyone or anything was to slide down the roof slope." The slope of the roof was low slope (3.75/12; less than 4/12). Personal fall arrest systems were to be used outside of the guardrailed area.

On August 26, 2015, OSHis B4620 and Contact# 7 took photos to show that there was only one guardrail system set up on the Eastern half of the North roof face. The Western half of the North roof face still had the redundant s stem set u , including the perimeter guardrail.

guardrail had probably been gone for a month or so, due to finishing sheet metal work being done on the edge of the roof.

A similar incident occurred in May 2015, and was disclosed-to Contacts# 1, 2 and 5 at an informal luncheon on Au st 27, 2015. It had not been b~ention of Mortenson management prior.

G. Notes:

n/a

MNOSHA Inspection Information & Narrative Page 5 of6 MNOSHD-lAC (Rev 7/07)

Minnesota Department of Labor and Industry Occupational Safety and Health Division 443 Lafayette Road St. Paul, :MN 55155-4307 Phone: 651-284-5050 FAX: 651-284-5741

Citation and Notification of Penalty

To: Inspection Number: 318018868 MA Mortenson Company dba Mortenson Construction OSHI ID: B4620 700 Meadow Lane North Optional Report No.: 04615 Robbinsdale, MN 55422-4899 Inspection Date(s): 08/26/2015 - 02/11/2016

Inspection Site: 900 S. 5th St. Minneapolis, MN 55415

Issuance Date: 02/17/2016

The violation(s) described in this Citation and Notification of Penalty is (are) alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below.

This Citation and Notification of Penalty (this Citation) describes violations of the Minnesota Occupational Safety and Health Act of 1973 (the Act). The penalty amounts listed herein are based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties, unless within 20 calendar days from your receipt of this Citation you file a Notice of Contest with the Commissioner of the Department of Labor and Industry. Your contestation rights and other employer and employee rights and responsibilities are set out in the first three pages of this Citation. The description of alleged violations begins on page 5 of this Citation.

EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES

Posting - The Act requires that a copy of this Citation shall be promptly posted at or near each place that an alleged violation referred to in the citation occurred or, if not practicable, in a prominent place where it will be readily visible by all affected employees. If uncontested, this Citation must remain posted until all alleged violations cited therein are corrected, or for 20 days, whichever is longer. If contested, this Citation must remain posted until the contestation is resolved.

Penalty Payment - Payment of all penalties is to be made by check or money order payable to "Minnesota Department of Labor and Industry, MN OSHA", and remitted to the Occupational Safety and Health Division at P.O. Box 64025, St. Paul, :MN, 55164-0025, within 20 calendar days following

Citation and Notification of Penalty Page 1 of5 .MNOSHD-2 (Rev 8/06)

receipt of this Citation. After 60 days, unpaid penalties shall increase 25 percent and shall accrue an additional interest of 10 percent per month compounded monthly until the fine is paid in full.

Effective August 1, 2003, the minimum $25,000 penalty issued to employers with fewer than 50 employees for serious citations connected to the death of an employee may be made in five payments of $5,000. The first $5,000 payment is due within 20 calendar days following receipt of this Citation. The 2nd-5th payments of $5,000 are due on the next four anniversary dates of this Citation becoming a Final Order. The Commissioner may elect to waive the 2nd-5th $5,000 payment if in the preceding year the employer receives no citations. :MNOSHA will provide written notice of the 2nd-5th payments dates or of any penalty waiver.

Notification of Corrective Action - Progress reports on correction of alleged violations not immediately abated as observed by the occupational safety and health investigator shall be submitted on the Progress Report form provided with this Citation. Written progress reports must be mailed to the address shown on the top of page 1 of this Citation by the latest abatement date on the citation, or within 30 days after receipt of the citation, whichever is earlier. Reports must state the specific corrective action taken on each cited item, the date of such action and the anticipated abatement date of uncompleted items. Additional written progress reports shall be submitted every thirty days until the items are fully abated. Facsimile (FAX) transmittal is acceptable.

All alleged violations not contested must be corrected by the abatement date specified in this Citation. A followup inspection may be made for the purpose of ascertaining that the employer has corrected the alleged violations and posted this Citation as required by the Act. Failure to correct an alleged violation by the abatement date on this Citation may result in further penalties for each day the alleged violation has not been corrected.

Petition for Modification of Abatement Date (PMA) - If, due to factors beyond reasonable control, compliance cannot be achieved by the abatement day on the citation, the employer may file a Petition for Modification of Abatement Date (PMA) to obtain an extension of the abatement time period. The PMA must be in writing and received at the address shown on the top of page 1 of this Citation prior to the expiration of the abatement date on the citation. Facsimile (FAX) transmittal of a PMA is acceptable. A copy of the PMA must be posted for ten days in the location where this Citation is posted. A copy of the PMA must also be served upon authorized employee representatives.

The employer's written petition must describe:

1) The action that has been taken so far to achieve compliance; 2) The amount of additional time needed for compliance; 3) The reasons why additional time is needed; 4) A description of the interim steps that will be taken to safeguard employees against the cited hazard; 5) A statement that employees have been notified of the PMA filing.

Employees have the right to file a written objection to the Commissioner regarding the employer's PMA request. A copy of the objection must be served on the employer within 10 days of the employer's posting of the PMA. The employee objection must be received by the Commissioner within 15 days of the employer's PMA request. Facsimile (FAX) transmittal is acceptable.

Citation and Notification of Penalty Page 2 of5 :tvfNOSHD-2 (Rev 8/06)

Employer Right to Contest - The employer has the right to a hearing to contest any or all parts of this Citation. If the employer wishes to contest, the employer must fully complete and notarize the attached NOTICE OF CONTEST AND SERVICE TO AFFECTED EMPLOYEES (Notice of Contest form) and file it with the Commissioner at the address shown on the top of page 1 of this Citation within 20 calendar days of receiving the citation.

Important: To be considered filed, all parts of the Notice of Contest form must be completed and the completed form must be deposited in the United States mail and postmarked, or otherwise timely received by the Commissioner at the above address within 20 calendar days after the date this Citation is received by the employer. You may also file electronically at ([email protected]), by facsimile (FAX), or by hand-delivering the completed form to the Department, if received no later than 4:30 p.m. on the 20th calendar day. If the employer fails to file the Notice of Contest form on time, this Citation and Notification of Penalty becomes a final order of the Commissioner which is not subject to review by any court or agency and the Occupational Safety and Health Division may file and enforce the penalty as a district court judgment without further notice or additional proceedings pursuant to Minnesota Statute § 16D.17.

Employee Right to Contest - An employee or authorized representative of employees has the right to a hearing to contest this Citation by filing a letter with the Commissioner of the Department of Labor and Industry at the address shown on page 1 within 20 calendar days of the employer's receipt of this Citation.

Important: To be considered filed, an employee letter of contest must be deposited in the United States mail and postmarked, or otherwise timely received by the Commissioner at the above address within 20 calendar days after the date this Citation is received by the employer. You may also file electronically at ([email protected]), by facsimile (FAX), or by hand-delivering the completed form to the Department, if received no later than 4:30 p.m. on the 20th calendar day. If the employee fails to file a letter of contest on time, this Citation and Notification of Penalty becomes a final order of the Commissioner which is not subject to review by any court or agency and the Occupational Safety and Health Division may file and enforce the penalty as a district court judgment without further notice or additional proceedings pursuant to Minnesota Statute § 16D.17.

Employee Right to Party Status - Affected employees or their authorized employee representatives may elect to participate as parties in the formal contested case hearing by filing written notice with the Commissioner at the address shown above at least 45 days before the start of the hearing. The notice must contain the employees' names, addresses, authorized employee representatives, if any, and a statement that they are affected employees of the cited employer.

Employer Discrimination Unlawful - Employees who believe that they have been discharged or otherwise discriminated against by any person because the employees have exercised any right authorized under the provisions of Minnesota Statutes§§ 182.65 to 182.674, may, within 30 days after such alleged discrimination occurs, file a complaint with the Commissioner of the Department of Labor and Industry at the address shown above, alleging the discriminatory act.

Citation and Notification of Penalty Page 3 of5 MNOSHD-2 (Rev 8/06)

PENAL TY INFORMATION

Types of Violations - There are 5 types of violations that may be cited by MNOSHA. They are: Nonserious, Serious, Willful, Repeat and Failure to Abate.

Penalties - In cases not involving the death of an employee, the law allows the following maximum penalties: Nonserious, $7,000; Serious, $7,000; Willful, $70,000; Repeat, $70,000; and Failure to Abate, $7,000 per day the violation remains unabated. If a Willful or Repeat violation caused or contributed to the death of an employee, however, MNOSHA is compelled by law to assess the employer a total non-negotiable penalty of at least $50,000 for all citations connected to the employee's death. If there are no Willful or Repeat violations among the violations that caused or contributed to the employee's death, MNOSHA must assess the employer a non-negotiable penalty of at least $25,000 for each citation connected to the employee's death. The following violations are not subject to these minimums and will be processed according to MNOSHA's ordinary penalty system: (a) any serious violations issued to an employer with fewer than 50 employees when the victim of a workplace fatality owned a controlling interest in the business unless the Commissioner determines that a fine shall be assessed, and (b) any violations found during a fatality investigation but determined not to be connected to the death of an employee.

Credits - A penalty for a violation may be credited by as much as 95 percent, depending on the employer's good faith (up to 30%), size of business (up to 55%), and previous violation history (up to 10%). The penalties which appear on the Citation and Notification of Penalty have been reduced by the credits described.

Citation and Notification of Penalty Page4 of5 MNOSHD-2 (Rev 8/06)


Inspection Number: Inspection Date(s): Issuance Date: OSIDID:

318018868

08/26/2015 - 02/11/2016 02/17/2016 B4620

Optional Report No.: 04615


Company Name: MA Mortenson Company dba Mortenson Construction Inspection Site: 900 S. 5th St., Minneapolis, MN 55415

Citation 01 Item 001 Type of Violation: Serious

29 CFR 1926.20(b )(2): The employer did not initiate and maintain safety and health programs that provide for frequent and regular safety inspections of the jobsite, materials and equipment by competent persons designated by the employer:

On August 26, 2015, the employer did not conduct frequent and regular inspections of the North roof, where workers were exposed to fall hazards, to identify and correct foreseeable hazardous conditions.

This citation requires both Certification of Abatement and Documentation of Abatement to be submitted by the abatement due date.

Certification of Abatement: An employer's signed statement, submitted on a Progress Report form, that the violation has been abated.

Documentation of Abatement: Documents submitted by the employer demonstrating that the abatement is complete, (i.e., pictures, receipts, etc.).

Date By Which Violation Must Be Abated: Penalty:


2/21/2016 $34,300.00

Ken B. Peterson, Commissioner MN Department of Labor and Industry

Page 5 of5 MNOSHD-2 (Rev 8/06)

i2.e.·s2e.1e saa.·11.s. aa-1

STATE OF MINNESOTA

Ken B. Peterson, Commissioner,

DEPARTMENT OF LABOR AND INDUSTRY

Minnesota Department of Labor and Industry, SE1TLEMENT AGREEMENT

AND ORDERANP NOTICE Complainant, TO AllDCTED IMPLODES

v. Docket No. 12697

M.A. Mortenson Company d/b/aMortenson ConstruQtion, Inspection No. 318018868

Respondent.

Complainant, Ken B. PeteJ:son, Commissioner, Depamnent of Labor and Industry, and

Respondent, M.A. Mortenson Company d/b/a Mortenson CoDStnlction, by their representatives

pilrsuant to Minn. Stat.§ 182.661, subds. 3 and S (2014), hereby agree to the disposition of this

matter on the following terms:

SETTLEMENT AGUEMENt 1. In its notice of contest received by the Department on M81'di 10, 2016,

Respondent contested the Citation and Notliication of Penalty issued to the Respondent on

February 17, 2016, 88 a result of the August 26, 2015 ·February 111 2016, occupational safety

and health inspection at Respondent's worksite located at 900 South Sth Stzeet, Minneapolis,

Minnesota as follows:

Citation 1, Item 1 Contested Contested

A copy of the Citation and Notification of Penalty is attaclied hereto 88 Exhibit A and by this

reference is made a part her:eo£ The Citation and Notification of Penalty refers to the

Respondent 88 "MA Mortenson Company dba Mortenson Construction". The Respondent's

correct name, including punctuation. is M.A. Mortenson Company d/b/a Mortenson

Construction, 88 captioned above.

2. · Complainant hereby amends the coatested portions of the Citation and

Notification of Penalty"as follows:

> Citation 1, Itcm 1: The fype of violation is reduced from Serious to Non-Serious.

1

··----·-------------------

••

> The total monetary penalty is Thirty Four Thousand Three Hundred and No/100

Dollars ($34,300.00).

> Respondent agrees to pay this amount and sign and return this Settlement

Agreement within ten (10} days of the date this becomes a Final Order of the

Commissioner in accordance with paragraph 8. If the Thirty Four Thousand Three

Hundred and No/100 Dollars ($34,300.00} is not paid in full by that date,

Respondent agrees that the penalty of Thirty Four Thousantl Three Hun.eked and

No/100 Dollars ($34,300.00} will become due and payable immediately, in

addition to any collection fees, interest, and penalties incwred thereafter, and the

citation shell be :reinstat.ed BS originally issued.

3. The parties covenant and agiee that this is a settlement of a disputed matter and

that the citation. classification, notification of penalty, payment of penalty, withdrawal of the

notice of contest, this Setdem.ent Agreement, abatement actions and/or the Final Order,

individually end/or collectively, are not an admission by Respondent nor any of its employees

that it or they violated. knowingly or otherwise, the Minnesota Oocupational Safety and Health

Act of 197l or the requirements of Minn. Stat. § 182.653, nor .is it an admission by Respondent

nor any of its employees, that any of the conditions alleged in the citation issued as a msult of

Inspection No. 318018868 existed or were the cause, proximate cause or a contributing f8ctor of

any accident. damages, injuries or. death. The previous sentence does not apply to any

enfoioement prooeeding brought by the Complainant under the Minnesota Occupational Safety

and Health Act of 1973.

4. · Respondent hereby withdraws its notice of contest to the contested portions of the

Citation and Notification of Penalty BS amended by paragraph 2 above. Respondent further

agrees to waive all claims it may have, now and in the future, under Minn. Stat. § 15.472 (2014)

for fees and expenses arising out of this contested case.

S. Complainant agrees that the citation bas been abated.

6. Respondent hereby eerilftes that on the date provided by Respondent in the

signature block below, this Settlement Agreement and Order was posted and sened on

affeeted employees and authorized employee representatives of affected employees In

accordance with Mbm. Stat. § 182.661, &Dbd. S (2014) and Minn. B. 5210.0596 (2015) as

follows: (1) by serving authoriad employee iepresentatives by mai1ing postage prepaid first

2

class or personally delivering a copy of the Settlement Agreement and Order to the

representatives, and (2) by po~ a copy of the Settlement Agreement and Order in the place

where the cita1ion is iequired t.o be posted.

7. In addition to actibn Complainant may tako against Respondent pursuant to the

Minnesota Occupational Safety and Health Act of 1973 and other remedies provided by law, if Respondent fails to post and/or serve this Settlement Agreement and Older as certified or fails to

comply with any terms of the following Order, the tb1l amount of the penalty shall immediately

become due and owing in addition to any collection fees, in~ and penalties incurred

tbeieafter, and the citation shall be reinstated as orishudly issued. 8. The parties to 1bis Settlement Agreement hereby stipulate and agree to the

following Order, which Ah&ll become a Final Onter of the QmnpiHiop.er ten dgs after the date

this Settlement Agleement is poSted and served. as required by paragmph 6 of this SettJ.ement

t\m@ment. ynless an Affeqted emoio.yee--or aufh.orlgd emplowe representative submits to the

Commiyjoner an o\]ection to the Settlement Allreement and Order within the ten days. If m affected employee or authorized epmlqyee rgnesentatiyc obiects to the Settlement Ageement

then tbe following Order shell becom.e a Pinal Order of the Commissig.r on. the date the

edminfR1nltlve law juclge approves 1he Settlement Agreement.

9. This Settlement Agreement constitutes the entire agreement between and among

the parties. This Settlement Agreement supmsedes any and all prior agreements. This Settlement . Agteement shall be cons1rued and interpreted in accordance with the laws of 1he State of

Minnesota. No modification shall be binding on any of the parties unless it has been agreed to by

the parties in writing an4 siped by them. There are no inducements or representations leading to

the execution of this Settlement Agreement ex9"Pt as herein explicitly contained.

10. The parties to 1bis Settlement Agreement acknowledge that they have read and

understand the terms of this Settlement Agreement, that they have had the opportunity to be

represented by and consult with iegal COlDJ.SCl, Bild that they ere volun1mily entering into this

Settlement Agreement to resolve the dispute among them.

ORDER 1. 1be citation, twe of violation, and penalty contested by the Respondent are

affirmed as amended by paragraph 2 of the Settlement Agreement.

2. 1be citation has been abated.

3

3. Pursuant to the amendments set out in paragraph 2 of the Settlement Agreement

Respondent &ball forthwith pay to the Complainant the sum of 1birty Four Thousand Three

Hundred and No/100 Dollars ($34,300.00) within ten (10) days of the dato this 01.'der &ecomes a

Final Order, provided that if the penalty is not paid witbhl the ten (10) days, Respondent shall

pay the penalty of Thirty Four Thousand Three Hundred and No/100 Dollars ($34,300.00)

immediately plus any collection fees, interest. and penalties incumxl thereafter, and the citation

shall be~ as originally issued.

4.. ID addition to action Complainant may take against Respondent pursuant to the

Minnesota ~onal Safety and Health Act of 1973 and other remedies provided by law, if

Respondent fails to post and/or serve this Settlement Agreement and Onf.er as certified or fails to

comply with any terms of this Settlement Agreement and Order, the full amount of the penalty

shall immediately become due and owing in addition to any oollection fees, interest, and

penalties incurred thereafter, and the citation shall be reinstated as originally issued.

By: IVlAM?i ·1'Wl f'YVU

\12-lSTA. 1W£SMA; (Print Name

Its: Vice PY ts'·"'°'t, "4-M~t. (Title) M.A. Mortenson Company dlb/a ortenson Construction 700 Meadow Lane North Robbinsdale, MN SS422-4899

RBSPONDBNT

Dated:. ~O\/. t-l1 ·Z,Ol lJJ

Date Respondent posted a copy of this Settlement Agreement and Order for employees and/or served a copy on authorized employee representa1ives, lfdiffmnt than Respondent's signatme date above:

Nov .. '?~, 'l-.ol~

4

lJRAB. ZAJAC Attorney Res. No. 0391513 Department of Labor and Incbistiy Office of General Counsel 443 Lafilyette Road N. St. Paul, MinnesotaSSlSS

· ATI'ORNBY FOR COMPLAINANT

Dated: ~ fc,:lOlfo I

12&5lSlG 8G&7lt.GQ5

~~~ 1UBOBR OMT Director Department of Labor and Industry . Occupational Safety and Health Division 443 Lafayette Road N. Sl Paul, Minnesota SSlSS

COMPLAINANT

Dated: 11/I 7/(J, ~)

NOTICB

/my authorized employee representative or affected employee who has any objection to the Settlement Agreement and the entry of the Order as set forth above, should cmnmunicate such objection, within ten (10) days of the posting or service of this Settlement Agreement and Order, to the Commissioner, Minnesota Department of Labor and Industry, 443 Lafayette Road N., St. Paul, Minnesota, SSlSS. It is. requested that copies of the objections be sent to the Respondent.

lex

5

«R nextofkin ltr» . Date«R ATTYRESP LTR».

«R_RESP _L TR» . -

Re: Data Practices Request Certification of Denial of Access [name of employer],: Inspection No.

Dear «R_nextofkin_ 1_MRMRS» «R_nextofkin_ 1_1ast» «R_ATTYRESP _ 1_MRMRS» «R_ATTYRESP _ 1_LAST)><<R_RESP _ 1_MRMRS>){<R_RESP _ 1_LAST)>:

Enclosed are· copies of the documents that you requested. Certain data was redacted in accordance with the applicable.statutes. Items checked reflect the statutes that applied to this file. The following documents and data were withheld from the public file:

.Y Document --lflformation that identifies an injured employee

ftnformation that identifies witnesses and persons who ~pplied information to the Department

Data from the OSHA 300 log that identifies. injured employees Data from employee exposure records that identifies exposed employees Medical data

Prehospital Care Data Police/Sheriffs Report Fire Marshall's Report Coroner's Report Attorney/Client Privilege Tax Return Information Data Personnel Data Security/Trade Secret Data Data related to a workers' compensation claim Whistleblower Data Informant's privilege Social Security Number Attorney General Data Elected & Appointed Officials' Data Drug Test Data Copyrighted Data (may inspect but not copy without permission)

Statutes Prohibiting Release

§ 182.663, subd. 4 § 175.27, 182.659, subd. 8

29 C.F.R. 1904.29

29 C.F.R. 1910:1020

§ 13.384, 144.293, 144.651, 182.663, subd. 4 and federal regulations § 144E.123 § 13.82 § 299F.28 § 13.83 and 182.663, subd. 4 § 13.393 § 2708.02 § 13.43 § 13.37 and 182.668 § 176.138 and 176.231, subd. 9 § 181.932, subd. 2 § 595.02(e) § 13.355 § 13.65 § 13.601 § 181.954 17 U.S.C. § 106

If you· have any questions, feel free to call me at 651-284-5053. Also, please remember to take our online surveys at www.dli.mn.gov/osha/surveyfeedback.asp and provide us with valuable feedback.

Sincerely,

Tonya Jones Occupational Safety and Health Division (651) 284-5053