OSHA Inspection: ROBERTO FIGUEROA DBA FIGUEROA CONSTRUCTION

Issued

2021-05-19 00:00:00

Abate by

2021-07-07 00:00:00

Penalty

Initial $329.00 · Current $329.00

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 May 17, 2021 - 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, 01 001b, 01 001c, 01 001d, 01 005  11/20/2020

Issued

2020-10-02 00:00:00

Abate by

2020-11-20 00:00:00

Penalty

Initial $2892.00 · Current $1000.00 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  a. On or about July 27, 2020, at the above addressed jobsite, employees were provided with and required to wear full-face tight fitting air-purifying 3M respirators for exposure to silica.  The employer failed to develop a written respiratory protection program for employees required to wear a full-face respirator while conducting tuckpointing operations, thereby exposing the employees to respiratory hazards.

Issued

2020-10-02 00:00:00

Abate by

2020-11-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

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 July 27, 2020, at the above addressed jobsite, the employees conducting tuckpointing operations were not provided with medical evaluations when required to wear full-face tight fitting air-purifying 3M respirators, thereby exposing employees to the hazards associated with respirator use.

Issued

2020-10-02 00:00:00

Abate by

2020-11-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    a. On or about July 27, 2020, at the above addressed jobsite, employees conducting tuckpointing operations were required to wear full-face tight fitting air-purifying 3M respirators. The employer did not provide employees with a quantitative or qualitative fit test, thereby exposing employees to the hazards associated with silica.

Issued

2020-10-02 00:00:00

Abate by

2020-11-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1)(i): The employer did not ensure that each employee could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator:    a.  On or about July 27, 2020, at the above addressed jobsite, employees were provided with and required to wear full-face tight fitting air-purifying 3M respirators for exposure to silica.  The employer did not ensure that each employee was provided training on the proper use of respiratory protection prior to requiring employees to use a respirator in the workplace, thereby exposing the employees to respiratory hazards.

Issued

2020-10-02 00:00:00

Abate by

2020-11-20 00:00:00

Penalty

Initial $2892.00 · Current $1000.00 Reduced

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:  a. On or about July 27, 2020, at the above addressed jobsite, employees were working with hazardous chemicals, including but not limited to crystalline silica.  The employer had not developed and implemented a written hazard communication program including, but not limited to, labeling, material safety data sheets and training programs.

Issued

2020-10-02 00:00:00

Penalty

Initial $4048.00 · Current $1850.00 Reduced

General-duty citation text

29 CFR 1926.451(d)(2): Suspension scaffold outrigger beams were not made of structural metal or equivalent strength material:  a. On July 28, 2020, at the above addressed jobsite, employees performing tuckpointing operations from a suspended scaffold used 4x6 wood timber as the outrigger beams.

Issued

2020-10-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(d)(3)(ii): Sand, gravel and similar materials that can be easily dislocated were used as counterweights:  a.  On July 28, 2020, at the above addressed jobsite, an employee was performing tuckpointing operations from a suspended scaffold which had five (5) gallon buckets filled with sand used as counterweights, thereby exposing the employee to hazards associated with falls of fifteen (15) feet.

Issued

2020-10-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(d)(3)(vi): Outrigger beams which are not stabilized by bolts or other direct connections to the floor or roof deck were not secured by tiebacks.  a.  On July 28, 2020, at the above addressed jobsite, the outrigger beams used for the two point suspended scaffold were not secured by tiebacks, thereby exposing an employee to falls of fifteen (15) feet.

Issued

2020-10-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(d)(16): The suspension scaffold power-operated hoist or manually operated hoist did not have, in addition to the normal operating brake, a braking device or locking pawl which engages automatically when a hoist makes either of the following uncontrolled movements: an instantaneous change in momentum or an accelerated overspeed.   a. On July 28, 2020, at the above addressed jobsite, an employee was performing tuckpointing operations from a suspended scaffold which did not have a braking device or locking pawl installed, thereby exposing the employee to hazards associated with falls of fifteen (15) feet.

Issued

2020-10-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(d)(17): Manually operated hoists did not require a positive crank force to descend.  a.  On July 28, 2020, at the above addressed jobsite, an employee was performing tuckpointing operations from a suspended scaffold which did not require a positive crank to descend, thereby exposing the employees to hazards associated with falls of fifteen (15) feet.

Issued

2020-10-02 00:00:00

Penalty

Initial $4048.00 · Current $1850.00 Reduced

General-duty citation text

29 CFR 1926.451(g)(3)(i): Vertical lifelines were not fastened to a fixed safe point of anchorage, independent of the scaffold, and protected from sharp edges and abrasion.  a. On or about July 28, 2020, at the above addressed jobsite, an employee conducting tuckpointing operations from a suspended scaffold fifteen (15) feet above the ground using a personal fall arrest system, the vertical lifeline was rapped around a chimneystack, not fastened to a safe anchorage point, thereby exposing the employee to fall hazards.

Issued

2020-10-02 00:00:00

Abate by

2020-11-20 00:00:00

Penalty

Initial $2892.00 · Current $1000.00 Reduced

General-duty citation text

29 CFR 1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a. On or about July 27, 2020, at the above addressed jobsite,  employees performing tuckpointing operations did not implement the proper engineering controls or respiratory protection specified for the task on table 1, thereby exposing the employee to the hazards associated with silica.