OSHA Inspection: NICOLAS RODRIGUEZ

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $1,200 · Current $720 Reduced

General-duty citation text

29 CFR 1910.134(a)(1): In the alternative, the control of occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, was not implemented by the employer as a primary objective to prevent atmospheric contamination. Feasible means to do so by accepted engineering control measures  include for example, enclosure or confinement of the operation, general and local ventilation, and substitution of less toxic materials. When effective engineering controls were not feasible, or while they were being instituted, appropriate respirators were not used pursuant to this section.  On or about 09 February 2015, an employee was observed dry cutting bricks without using a wet method and/or wearing a respirator, exposing the employee to the hazard of inhaling irrespirable silica dust, which may cause silicosis, a fatal lung disease.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.102(a)(1): Eye and face protective equipment were not used when machines or operations presented potential eye or face injury from physical, chemical, or radiation agents.  On or about 09 February 2015, an employee was using a masonry chop saw to cut bricks without the use of eye protection, exposing the employee to the hazard of being struck by flying objects.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1926.451(c)(2): Supported scaffold poles, legs, posts, frames, and uprights did not bear on base plates and mud sills or other adequate firm foundation.  On or about 09 February 2015 five employees working from tubular welded frame scaffold constructed without the use of base plates, exposing the employees to a fall hazard of approximately 12 to 15 feet.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(h)(1): Each employee on a scaffold was not provided with additional protection from falling hand tools, debris, and other small objects through the installation of toe boards, screens, guardrail systems, or through the erection of debris nets, catch platforms, or canopy structures that contain or deflect the falling objects.  For falling objects too large, heavy or massive to be contained or deflected, the employer did not place and secure such potential falling objects away from the edge of the surface from which they could fall.  On or about 09 February 2015, six employees were working from and beneath tubular, welded scaffold which did not have toe boards or other means to contain or deflect falling objects, exposing employees to the hazard of being struck by falling materials, tools or debris.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1926.451(f)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration; Such activities were not performed only by experienced and trained employees selected for such work by the competent person.  On or about 09 February 2015, five employees were working from scaffold assembled by untrained employees and without the supervision or direction of a person competent in the erection of tubular, welded frame scaffolding.

Issued

May 4, 2015

Abate by

May 18, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.454(a): The employer did not have each employee who performs work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards.  On 09 February 2015, five employees were performing masonry activities without being trained to recognize hazards associated with tubular, welded scaffolding, exposing the employees to the hazards of falling and being struck by falling materials, tools and debris.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m)  or more above lower levels was not protected by guardrail systems, safety net systems, personal fall arrest systems, or an alternative fall protection measure under another provision of paragraph 1926.501 (b), nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502.  On or about 09 February 2015, two employees were performing masonry activities at the edge of the first story roof without fall protection, exposing the employees to a fall hazard of approximately 12 feet, 8 inches to the ground below.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $2,400 · Current $1,440 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns.  On or about 09 February 2015, an employee was throwing bricks from the ground to an employee working on the roof, while employees were working below, exposing the employees to the hazard of being struck by falling materials, tools, and debris.  Nicolas Rodriguez was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.100(a), which was contained in OSHA inspection number 242698, citation number 2, item number 1, and was affirmed as a final order on 7/17/2012, with respect to a workplace located at 17017 Rush Pea Circle, Austin, TX, 78738.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $3,200 · Current $1,920 Reduced

General-duty citation text

29 CFR 1926.451(b)(1): Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii).  On or about 09 February 2015, four employees were working from tubular, welded scaffolds which were not fully planked between the front uprights and the guardrail supports with less than one inch of space between the planks, exposing employees to the hazard of falling.  Nicolas Rodriguez was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.451(b)(1), which was contained in OSHA inspection number 242698, citation number 1, item number 1-a, and was affirmed as a final order on 7/17/2012, with respect to a workplace located at 17017 Rush Pea Circle, Austin, TX, 78738.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(g)(1)(vii): Each employee on a scaffold, not otherwise specified in paragraphs (g)(1)(i) through (g)(1)(vi) of this section, more than 10 feet (3.1 m) above lower level was not protected from falls by the use of personal fall arrest systems or guardrail systems meeting the requirements of paragraph (g)(4) of this section.  On 09 February 2015, three employees were performing masonry activities at a height greater than 10 feet from tubular, welded scaffolding without guardrails, safety net or fall arrest system, exposing the employees to the hazard of falling.  Nicolas Rodriguez was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.451(g)(1)(vii), which was contained in OSHA inspection number 242698, citation number 1, item number 3, and was affirmed as a final order on 7/17/2012, with respect to a workplace located at 17017 Rush Pea Circle, Austin, TX, 78738.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $3,200 · Current $1,920 Reduced

General-duty citation text

29 CFR 1926.451(e)(1): When scaffold platforms were 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 other scaffold, structure, personnel hoist, or similar surface was not used.  Scaffold frame was used as a means of access.  On or about 09 February 2015 five workers were accessing the work platform of a tubular welded frame scaffold by climbing on the scaffold support structure and not by using an access ladder, exposing the workers to a fall hazard up to approximately 12 feet high.  Nicolas Rodriguez was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.451(e)(1), which was contained in OSHA inspection number 242698, citation number 1, item number 2, and was affirmed as a final order on 7/17/2012, with respect to a workplace located at 17017 Rush Pea Circle, Austin, TX, 78738.

Issued

May 4, 2015

Abate by

May 8, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

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.  On or about 09 February 2015, an employee was observed dry cutting bricks containing crystalline silica without using a wet method and/or a wearing respirator, exposing the employee to the hazard of inhaling irrespirable silica dust, which may cause silicosis, a fatal lung disease.  The employer did not have a hazard communication program to include chemical lists, safety data sheets or training.