OSHA Inspection: NEWPORT PROPERTY VENTURES, LTD.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $6,650 · Current $4,655 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1001(j)(1):  The building owner, facility owner or employer did not treat the installed thermal system insulation (TSI) and/or sprayed-on or troweled-on surfacing material in buildings constructed no later than 1980 as asbestos containing material (ACM) or presumed asbestos containing material (PACM):    a)  The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 5, was not presumed to contain asbestos.     b)The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment buildings 6, was not presumed to contain asbestos.     c)   The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 8, was not presumed to contain asbestos.     d)   The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 9, was not presumed to contain asbestos.     e)The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 29, was not presumed to contain asbestos.     f)   The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 30, was not presumed to contain asbestos.     g)The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 31, was not presumed to contain asbestos.     h)   The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 33, was not presumed to contain asbestos.     i)   The Reserve at Pecan Valley:  On or about March 9, 2012 the employers and building owners did not treat installed sprayed on surfacing material as asbestos containing material in buildings constructed no later than 1980.  Popcorn ceilling texture present on ceiling in the apartment building 36, was not presumed to contain asbestos.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1001(j)(2)(i):  The building owner or facility owner did not determine the presence, location, and quantity of presumed asbestos-containing material (PACM) and/or other asbestos-containing material (ACM) at the work site:      The Reserve at Pecan Valley:  On or about March 09, 2012, maintenance employee(s) were performing work on the property and the presence, location, and quantity of asbestos containing material and/or presumed asbestos containing material were not determined by the property owner or management company exposing employees to health hazards.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $2,850 · Current $1,995 Reduced

General-duty citation text

1910.1001(j)(4):  Warning labels were not affixed to all raw materials,mixtures, scrap, waste, debris, and other products containing asbestos fibers, or their containers. When a building owner or employer identifies previously installed ACM and/or PACM, labels or signs were not affixed or posted so that employees were notified of what materials contained ACM and/or PACM.         The Reserve at Pecan valley: On or about March 9, 2012, Newport Property Ventures, Ltd., did not affix labels or post signs identifing materials that were ACM and/or PACM.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $2,850 · Current $1,425 Reduced

General-duty citation text

29 CFR 1910.1001(j)(7)(iv):  The employer did not provide, at no cost to employees who perform housekeeping operations in an area which contains ACM or PACM, an asbestos awareness training course, which shall at a minimum contain the following elements: health effects of asbestos, locations of ACM and PACM in the building/facility, recognition of ACM and PACM damage and deterioration, requirements in this standard relating to housekeeping, and proper response to fiber release episodes, to all employees who perform housekeeping work in areas where ACM and/or PACM is present. Each such employee shall be so trained at least once a year.         The Reserve at Pecan Valley: On or about March 9, 2012. Newport Property Ventures, Ltd. did not train employees who perform housekeeping operations in an area that contains asbestos containing or presumed asbestos containing material.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $6,650 · Current $4,655 Reduced

General-duty citation text

29 CFR 1926.1101(k)(2)(ii)(A):  Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing ACM and/or PACM material were not notified of such material;      a)   The Reserve at Pecan Valley: On or about March 9, 2012, Newport Property Venture, Ltd. did not inform Alco painting & Remodeling of the presence of ACM and/or PACM.    b)   The Reserve at Pecan Valley: On or about March 9, 2012, Newport Property Venture, Ltd. did not inform Frank Gonzales of the presence of ACM and/or PACM.    c)   The Reserve at Pecan Valley: On or about March 9, 2012, Newport Property Venture, Ltd. did not inform Luis Lozada of the presence of ACM and/or PACM.    d)   The Reserve at Pecan Valley: On or about March 9, 2012, Newport Property Venture, Ltd. did not inform Clemente Covarrubias of the presence of ACM and/or PACM.

Issued

Sep 6, 2012

Abate by

Oct 31, 2012

Penalty

Initial $2,850 · Current $1,995 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1200(e)(1):  Employer did not develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:      The Reserve at Pecan Valley:  On or about March 09, 2012, the employer did not develop and implement a written hazard communication program which included access to MSDS and employee training for employees exposed to chemicals such as but not limited to:  asbesto containing materials, 3M Super 77 spray containing acetone, cyclohexane and other materials, and chlorine shock treatment containing sodium chloride and sodium dichoro-s-triazine trionedihydrate.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $950 · Current $500 Reduced

General-duty citation text

29 CFR 1910.132(d)(1):  The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present:      The Reserve at Pecan Valley:  On or about March 09, 2012, employee(s) were using augers to remove clogged toilets in apartment units without appropriate selection and use of gloves, aprons, eye or face protection exposing employees to raw sewage and other potentially infectious materials.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1):  Protective eye or face equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:    a)  The Reserve at Pecan Valley:  On or about March 09, 2012, the employer did not provide eye or face equipment when employee(s) were potentially exposed to Hepatitis A, B, or C or other potentially infectious materials while removing clogged toilets from apartment units.    b)  The Reserve at Pecan Valley:  On or about March 09, 2012, the employer did not provide eye or face equipment when employee(s) were pouring granular shock treatment into the apartment pools exposing employee to corrosive hazard.

Issued

Sep 6, 2012

Abate by

Sep 16, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a):  The employer did not select and require employees to use appropriate hand protection when employees hands were exposed to hazardous condition(s):    a)  The Reserve at Pecan Valley:  On or about March 09, 2012, the employer did not select appropriate hand protection when employee(s) were exposed to other potentially infectious materials while removing clogged toilets and drains.    b)   The Reserve at Pecan Valley:  On or about March 09, 2012, the employer did not select appropriate hand protection when employee(s) were exposed to corrosive granular shock treatment while applying to swimming pools.