OSHA Inspection: ORTIZ CONSTRUCTION, LLC

Issued

Sep 23, 2022

Abate by

Oct 20, 2022

Penalty

Initial $4,102 · Current $2,256 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain at the workplace a written hazard communication program which describes how the criteria specified in paragraphs (f), (g), & (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes items (i) and (ii) of this subparagraph:  a) 2405 Clearview Ave, Wilmington, DE 19810 (Front): On or about March 29, 2022, The employer did not provide or maintain a hazardous communication program available to include labels and other forms of warning, safety data sheets, and employee information and training as required.  ABATEMENT NOTE: A written program shall include description of how the criteria for the following will be met:  1. Labeling and other forms of warning; 2. Material Safety Data Sheets; 3. Employee information and training  Additionally, a list of hazardous chemicals known to be preset in the workplace must be compiled. Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and of the availability of material safety data sheets, must also be addressed. The written program must be made available upon request.

Issued

Sep 23, 2022

Abate by

Oct 20, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.  a) 2405 Clearview Ave, Wilmington, De 19810 (Front): On or about March 29, 2022, the employer did not develop nor maintain a chemical inventory list identifying the hazardous chemicals being used by their employees on site.

Issued

Sep 23, 2022

Abate by

Oct 20, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) 2405 Clearview Ave, Wilmington, De 19810 (Front): On or about March 29, 2022, the employer did not provide training on hazardous chemicals to be used on the site nor did the employer provide SDS sheets for the employees to reference in case there was an exposure.

Issued

Sep 23, 2022

Abate by

Oct 20, 2022

Penalty

Initial $4,102 · Current $2,256 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  a) 2405 Clearview Ave, Wilmington, DE 19810 (Front): On or about March 29, 2022, the employer failed to ensure employees were provided and wearing appropriate PPE while working around overhead and stuck by hazards while conducting residential framing activities.

Issued

Sep 23, 2022

Abate by

Oct 20, 2022

Penalty

Initial $2,735 · Current $1,504 Reduced

General-duty citation text

29 CFR 1926.150(a)(1): The employer did not develop and maintain a fire protection program to be followed throughout all phases of construction and residential framing work, and did not provide for the firefighting equipment as specified in this subpart:  a) 2405 Clearview Ave, Wilmington, DE 19810 (Front): On or about March 29, 2022, the employer failed to provide a fire protection plan to protection employees on site where employees worked with flammable materials including but not limited to gasoline, wood, paper and where ignition sources were present including but not limited to heat and spark producing equipment. The employer also failed to ensure that employees knew what to do in the event of a fire.

Issued

Sep 23, 2022

Abate by

Oct 20, 2022

Penalty

Initial $4,102 · Current $2,256 Reduced

General-duty citation text

29 CFR 1926.503(a)(1): The employer did not train each employee who might be exposed to fall hazards to enable them to recognize fall hazards and the procedures to be followed in order to minimize these hazards:  a) 2405 Clearview Ave, Wilmington, DE 19810 (Front): On or about March 29, 2022,  the employer did not instruct employees on the recognition and avoidance of hazards including applicable regulations on the site at 2405 Clearview Ave which resulted in employees exposure to multiple hazards.  Abatement Note: The training program must enable the employees to recognize the hazards of falling and must train each employee in the procedures to be followed in order to minimize these hazards.  Each employee must be trained by a competent person in the following: 1. The nature of fall hazards in the work area; 2. The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used; 3. The use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used; 4. The role of each employee in the safety monitoring system when this system is used; 5. The limitations on the use of mechanical equipment during the performance of roofing work on low-sloped roofs; 6. The correct procedures for the handling and storage of equipment and materials and the erection of overhead protection; 7. The role of employees in fall protection plans; 8. The standards contained in this subpart. The employer must verify compliance with paragraph (a) of this section by preparing a written certification record that will contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer.

Issued

Sep 23, 2022

Penalty

Initial $9,571 · Current $5,264 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee(s) engaged in residential construction activities 6 feet (1.7 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501(b)   a) 2405 Clearview Ave, Wilmington, De 19810 (Front): On or about March 29, 2022, the employer failed to ensure employees conducting framing activities on a residential structure were properly protected in all directions while working at various heights approximately 20-25 feet above grade, were provided adequate fall protection.  The Ortiz Construction, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1233105, citation number 1, item number 1 and was affirmed as a final order on 08/07/2017  , with respect to a workplace located at Rockwood Apartments Rt 40, Bear, De 19701.