OSHA Inspection: FILEMON ZUNIGA-MARTINEZ

Issued

Jan 6, 2015

Abate by

Feb 24, 2015

Penalty

Initial $400 · Current $400

General-duty citation text

29 CFR 1903.19(c)(1): Within 10 calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph (c)(2) of this section.  a. On or about January 5, 2015 - the employer did not certify to OSHA within 10 days after the abatement date that each of the following cited violations issued had been corrected:  Citation Number                Item Number                Abatement Date 01                                   001a                            11/13/2014 01                                   001b                            11/13/2014 01                                   002a                            10/29/2014 01                                   002b                            10/29/2014

Issued

Oct 17, 2014

Abate by

Nov 13, 2014

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH:  a. On or about June 3, 2014 - at the above addressed jobsite, employees performing tuck-pointing operations with hand held grinders were exposed to respiratory hazards, in that the employer failed to evaluate the respiratory hazards(s) for dust and silica at the worksite.

Issued

Oct 17, 2014

Abate by

Nov 13, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): Employers shall 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, and which also includes the following:  a. On or about June 3, 2014 - at the above addressed jobsite, employees performing tuck-pointing operations with hand held grinders were exposed to the hazards associated with silica. The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which described how the criteria specified in paragraphs (f), (g) and (h) will be met.

Issued

Oct 17, 2014

Abate by

Oct 29, 2014

Penalty

Initial $2,800 · Current $2,800

General-duty citation text

29 CFR 1926.451(e)(1): When scaffold platforms are more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from another scaffold, structure, personnel hoist, or similar surface shall be used. Crossbraces shall not be used as a means of access.  a. On or about June 3, 2014 - at the above addressed jobsite, an employee performing tuck-pointing operations from a ladder jack scaffold approximately seventeen (17) feet above the ground was not provided with a safe means of access, thereby exposing the employee to fall hazards.

Issued

Oct 17, 2014

Abate by

Oct 29, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(g)(1)(i): Each employee on a boatswains' chair, catenary scaffold, float scaffold, needle beam scaffold, or ladder jack scaffold shall be protected by a personal fall arrest system;  a. On or about June 3, 2014 - at the above addressed jobsite, an employee performing tuck-pointing operations from a ladder jack scaffold, approximately seventeen (17) feet above the ground, was not protected by a personal fall arrest system, thereby exposing the employee to fall hazards.