OSHA Inspection: CLEMENTE COVARRUBIAS

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

General-duty citation text

29 CFR 1926.102(a)(1):  Employees were not provided with eye and face protection equipment when machines or operations present potential eye or face injury from physical, chemical, or radiation agents:      The Reserve at Pecan Valley: On or about March 9, 2012, and at times prior to, an employee was spray painting the interior of an apartment unit with paint mixed with Kilz Pro X 370 moldicide without any eye protection exposing the employee to eye irritation and/or injury.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(2):  Asbestos hazards at a multi-employer work site was not abated by the contractor who created or controls the source of asbestos contamination.    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012, Clemente Covarrubias did not abate the source of asbestos contamination in apartment units in which asbestos containing ceiling was in deteriorated condition in Building 33, exposing employees to the inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012, Clemente Covarrubias did not abate the source of asbestos contamination in apartment units in which asbestos containing ceiling was in deteriorated condition in Building 35, exposing employees to the inhalation of airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012, Clemente Covarrubias did not abate the source of asbestos contamination in apartment units in which asbestos containing ceiling was in deteriorated condition in Building 36, exposing employees to the inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 21, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1):  All Class I, II, and III asbestos work was not conducted within regulated areas:      The Reserve at Pecan Valley Apartments:  On or about March 9, 2012, and at times prior to, Clemente Covarrubias did not ensure that removal of class I asbestos containing material in building 36 was completed in regulated areas.

Issued

Sep 6, 2012

Abate by

Sep 21, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(1)(i):  Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not monitor for the concentration of airborne asbestos when employees were disturbing and removing asbestos containing ceiling material from building 33.  This condition potentially exposed employees to the inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not monitor for the concentration of airborne asbestos when employees were disturbing and removing asbestos containing ceiling material from building 36.  This condition potentially exposed employees to the inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 27, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i):  The employer failed to ensure that the exposure assessment by a "competent person" was conducted in time to comply with requirements which are triggered by the exposure data or the lack of a negative exposure assessment:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not perform an exposure assessment by a "competent person" prior to disturbance and removal of sprayed on popcorn ceiling containing asbestos in building 33.  This Condition exposed employees to inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not perform an exposure assessment by a "competent person" prior to disturbance and removal of sprayed on popcorn ceiling containing asbestos in building 35.  This Condition exposed employees to inhalation of airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not perform an exposure assessment by a "competent person" prior to disturbance and removal of sprayed on popcorn ceiling containing asbestos in building 36.  This Condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 21, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(i):  The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of vacuum cleaners equipped with high efficiency particulate air (HEPA) filters to collect all debris and dust containing asbestos containing material and presumed asbestos containing material:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide HEPA vacuum cleaners or other engineering controls for employees conducting class I asbestos removal of ceiling material in building 33.  This condition potentially exposed employees to airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide HEPA vacuum cleaners or other engineering controls for employees conducting class I asbestos removal of ceiling material in building 35.  This condition potentially exposed employees to airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide HEPA vacuum cleaners or other engineering controls for employees conducting class I asbestos removal of ceiling material in building 36.  This condition potentially exposed employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 21, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(ii):  The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of wet methods or wetting agents to control employee exposures during asbestos handling, mixing, removal, cutting, application and cleanup:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide wet methods or wetting agents or other engineering controls when employees were disturbing or removing class I asbestos ceiling material in building 33.  This condition exposed employees to inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide wet methods or wetting agents or other engineering controls when employees were disturbing or removing class I asbestos ceiling material in building 35.  This condition exposed employees to inhalation of airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide wet methods or wetting agents or other engineering controls when employees were disturbing or removing class I asbestos ceiling material in building 36.  This condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(iii):  The employer did not use work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not perform clean-up and disposal of waste and debris in containers that were leak-tight. Wallboard and ceiling debris was observed at the worksite in dumpsters in piles and littered in the apartment parking lot exposing employees to airborne asbestos fibers.  Employees stated that building materials were removed from building 33.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not perform clean-up and disposal of waste and debris in containers that were leak-tight. Wallboard and ceiling debris was observed at the worksite in dumpsters in piles and littered in the apartment parking lot exposing employees to airborne asbestos fibers.  Employees stated that building materials were removed from building 35.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not perform clean-up and disposal of waste and debris in containers that were leak-tight. Wallboard and ceiling debris was observed at the worksite in dumpsters in piles and littered in the apartment parking lot exposing employees to airborne asbestos fibers.  Employees stated that building materials were removed from building 36.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(2):  Control methods were not used to achieve compliance as required by sections 1926.1001(g)(2)(i) through (g)(2)(v):    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide any control methods such as:  Local exhaust ventilation with HEPA dust collection system, enclosure or isolation of processes producing asbestos dust, ventilation, or other feasible work practices or engineering controls during removal of asbestos containing ceiling material from building 33. This condition exposed employees to inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide any control methods such as:  Local exhaust ventilation with HEPA dust collection system, enclosure or isolation of processes producing asbestos dust, ventilation, or other feasible work practices or engineering controls during removal of asbestos containing ceiling material from building 35. This condition exposed employees to inhalation of airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide any control methods such as:  Local exhaust ventilation with HEPA dust collection system, enclosure or isolation of processes producing asbestos dust, ventilation, or other feasible work practices or engineering controls during removal of asbestos containing ceiling material from building 36. This condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(i):  The employer did not provide respirators and ensure that they were used during all Class I asbestos jobs:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide respirators for employees performing class I asbestos removal of ceiling material in building 33, exposing employees to airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide respirators for employees performing class I asbestos removal of ceiling material in building 35, exposing employees to airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide respirators for employees performing class I asbestos removal of ceiling material in building 36, exposing employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(2)(i):  A written respiratory protection program that included the provisions in 29 CFR 1910.134(b) - (d) with worksite specific procedures was not established and implemented for required respirator use:    a)  The Reserve at Pecan Valley Apartments:  On or about March 14, 2012, Clemente Covarrubias issued employees respirators for painting operations without establishing a written respiratory protection program and none of the provisions in the standard were developed or implemented.    b)  The Reserve at Pecan Valley Apartments:  On or about March 14, 2012, Clemente Covarrubias issued employees respirators for class I asbestos and presumed asbestos containing material removal operations without establishing a written respiratory protection program and none of the provisions in the standard were developed or implemented.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1):  The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide appropriate protective clothing for employees performing disturbance and removal of asbestos containing ceiling material in building 33, and a negative exposure assessment was not conducted.  This condition exposed employees to inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide appropriate protective clothing for employees performing disturbance and removal of asbestos containing ceiling material in building 35, and a negative exposure assessment was not conducted.  This condition exposed employees to inhalation of airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide appropriate protective clothing for employees performing disturbance and removal of asbestos containing ceiling material in building 36, and a negative exposure assessment was not conducted.  This condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 7, 2012

Penalty

Initial $4,200 · Current $2,520 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(i):  Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):    a)  The Reserve at Pecan Valley:  On or about March 9, 2012 and at times prior to,Clemente Covarrubias did not identify the presence, location, and quantity of ACM and PACM prior to employees removing ceiling material containing asbestos from building 33 exposing employees to airborne asbestos fibers.    b)  The Reserve at Pecan Valley:  On or about March 9, 2012 and at times prior to,Clemente Covarrubias did not identify the presence, location, and quantity of ACM and PACM prior to employees removing ceiling material containing asbestos from building 35 exposing employees to airborne asbestos fibers.    c)  The Reserve at Pecan Valley:  On or about March 9, 2012 and at times prior to,Clemente Covarrubias did not identify the presence, location, and quantity of ACM and PACM prior to employees removing ceiling material containing asbestos from building 36 exposing employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(ii)(B):  The employer did not inform employees who performed work under 29 CFR 1926.1101 of the location and quantity of asbestos containing material and/or presumed asbestos containing material present in the area:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not inform his employees of asbestos containing material or presumed asbestos containing material during the disturbance or removal of asbestos ceiling material in building 33.  This condition exposed employees to airborne asbestos fibers.    b) The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not inform his employees of asbestos containing material or presumed asbestos containing material during the disturbance or removal of asbestos ceiling material in building 35.  This condition exposed employees to airborne asbestos fibers.    c) The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not inform his employees of asbestos containing material or presumed asbestos containing material during the disturbance or removal of asbestos ceiling material in building 36.  This condition exposed employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(i):  The employer did not institute, at no cost to employees, a training program for each employee who was likely to be exposed in excess of the permissible exposure limit (PEL) and for each employee who performed Class I through IV asbestos operations:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide employees who were exposed or likely to be exposed disturbing or removing asbestos ceiling material in building 33 with asbestos training regarding the hazards of asbestos and the proper methods for class I work.  This condition exposed employees to the inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide employees who were exposed or likely to be exposed disturbing or removing asbestos ceiling material in building 35 with asbestos training regarding the hazards of asbestos and the proper methods for class I work.  This condition exposed employees to the inhalation of airborne asbestos fibers.    c)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Clemente Covarrubias did not provide employees who were exposed or likely to be exposed disturbing or removing asbestos ceiling material in building 36 with asbestos training regarding the hazards of asbestos and the proper methods for class I work.  This condition exposed employees to the inhalation of airborne asbestos fibers.