OSHA Inspection: MANUEL BUENO

Issued

Jul 11, 2013

Abate by

Aug 13, 2013

Penalty

Initial $400 · Current $400

General-duty citation text

29 CFR 1903.19(c)(1):  The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:    Manuel Bueno dba Bueno Construction failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:    Citation Number                     Item Number                           Abatement Date 01                                            01                                           05/07/2013 01                                            02a                                          05/07/2013                                                                  02b                                          05/07/2013 01                                            02b                                          05/07/2013 01                                            03a                                          05/07/2013 01                                            03b                                          04/02/2013 01                                            04a                                          05/07/2013 01                                            04b                                          05/07/2013 01                                            04c                                          04/23/2013 01                                            05                                            05/07/2013    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134 (c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program.    a) On or about October 17, 2012, the employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134(c)(1) that would describe or include at least the following:    1)   Procedures for selecting respirators;  2)   Worksite specific procedures;  3)   Medical evaluations;  4)   Fit testing procedures;  5)   Procedures for proper use of respirators in routine and reasonably foreseeable emergency;  6)   Procedures and schedules for cleaning, storing, inspecting, repairing and discarding respirators;  7)   Employee training regarding respiratory hazards they are exposed to, proper use and limitations of respirators;  8)   Procedures for regularly evaluating the effectiveness of the respirator program.    The employer required the employees to wear 3M Model 8210 two-strap filtering facepiece respirators to protect the employees from crystalline silica dust, while cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall.       In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(e)(1):  The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:    a) On or about October 17, 2012, the employer required employees to wear 3M Model 8210 two-strap filtering facepiece respirators while cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall at the site and did not provide a medical evaluation.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(f)(2):  The employer did not ensure that employees using a tight-fitting facepiece respirator were fit tested prior to the initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter:    a) On or about October 17, 2012, the employer required the employees to wear 3M Model 8210 two-strap filtering facepiece respirators while cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall at the site and were not fit tested prior to initial use and annually thereafter.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation(using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(k)(1):  The employer did not provide respirator training that would ensure that each employee could demonstrate knowledge of items in section (i)-(vii):    a) On or about October 17, 2012, the employer required employees to wear 3M Model 8210 two-strap filtering facepiece respirators while cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall at the site and did not provide respirator training.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

Apr 2, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(g)(1)(i)(A):  The employer did not prohibit the use of respirators with tight-fitting facepieces to be worn by employees who had facial hair that came between the sealing surface of the facepiece and the face:    a) On or about October 17, 2012, the employer required employees to wear 3M Model 8210 two-strap filtering facepiece respirators while cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall at the site and did not prohibit employees that were not clean shaven from using the respirator.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) On or about October 17, 2012, the employer did not develop a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:    1) Requirement for labeling of containers of hazardous chemicals;  2) Material safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system and any precautionary measures to protect employees.    Employees were exposed to hazardous materials, such as, but not limited to: crystalline silica dust from cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall at the site.        In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(h)(1): The employer did not provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:    a) On or about October 17, 2012, employees were exposed to crystalline silica dust from cutting door openings in existing plaster covered walls, performing demolition of plaster walls and sanding drywall and were not provided with information and training at the time of initial assignment.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

Apr 23, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used:    a) On or about October 17, 2012, a material safety data sheet was not available for the Sheetrock Easy Sand 20 Joint Compound, Sheetrock All-Purpose Joint Compound and the Dap Vinyl Spackling Compound, which contain crystalline silica and employees were using at the site.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2013

Abate by

May 7, 2013

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(1)(ii): The employer did not include asbestos in the program established to comply with the Hazard Communication Standard (HCS) ( 1910.1200).  The employer did not provide information on at least the following hazards; Cancer and lung effects:    a) The employer did not implement a hazard communication program and include asbestos information and training, including asbestos hazards, in the program.  This is required under paragraphs (k)(9) and (10) of this standard and 1910.1200, Hazard Communication.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).