OSHA Inspection: JUAN BARRERA DBA JUAN BARRERA

Issued

Oct 13, 2021

Abate by

Jan 31, 2022

Penalty

Initial $1,755 · Current $1,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  a) On or about August 3, 2021, the employer did not assess the exposure of employee(s) exposed to construction debris and dust containing up to 4% crystalline silica.  Employees performed manual demolition of a brick parapet wall.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 13, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:   a) On or about August 3, 2021, the employer did not establish and implement a site specific written exposure control plan that outlined at least the following elements: descriptions of the tasks that can expose employees to silica, descriptions of the work practices, respiratory protection, engineering controls, description of housekeeping measures, and if necessary, procedures to limit access to areas to reduce employee exposure to crystalline silica.   Employee(s) were exposed to construction debris and dust containing up to 4% crystalline silica when performing manual demolition of a brick parapet wall.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 13, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not ensure that each employee is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section:   a) On or about August 3, 2021, the employer did not ensure that each employee was trained on the following: health hazards, specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, the identity of the competent person, and the purpose of the medical surveillance program.   Employee(s) were exposed to construction debris and dust containing up to 4% crystalline silica when performing manual demolition of a brick parapet wall.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 13, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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: (Construction Reference: 1926.59)    a) The employer did not develop or implement 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) Safety data sheet availability; 3) Training of employees; 4) A complete list of hazardous chemicals known to be 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.  On or about August 3, 2021, were exposed to hazardous chemicals including respirable crystalline silica (up to 4% in construction debris and dust) during the manual demolition of a brick parapet wall, and during the mixing of fresh mortar made with Lehigh Hanson Masonry Cement and/or Lehigh Hanson Portland Cement.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.