OSHA Inspection: NEWPORT PROPERTY VENTURES, LTD

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $6,300 · Current $3,780 Reduced

General-duty citation text

29 CFR 1926.1101(d)(5): All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos "competent person" as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary.    a)  The Reserve at Pecan Valley Apartments:  On or about March 09, 2012 and at times prior to, Newport Properties Construction, general contractor did not ascertain whether Alco Painting & Remodeling, Frank Gonzales, Luis Lozada or Clemente Covarrubias was in compliance with the standard, and did not require such contractor to come into compliance with this standard exposing sub-contractor employees to asbestos hazard.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $6,300 · Current $3,780 Reduced

General-duty citation text

29 CFR 1926.1101(k)(1):  Installed Asbestos Containing Building Material.  Employers and building owners did not identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with paragraph (k)(5) of this section that the material is not asbestos-containing.  Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to paragraph (g)(8)(i)(I) of this section determines that it is not asbestos-containing.  If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify "PACM" as ACM:     a)  The Reserve at Pecan Valley Apartments:  On or about March 09, 2012 and at times prior to, Newport Properties Construction did not identify asbestos containing sprayed-on popcorn texture and did not consider this material presumed asbestos containing material at The Reserve of Pecan Valley, built in 1975.