OSHA Inspection: FERNANDO M. PINEDA

Issued

Nov 28, 2022

Penalty

Initial $1,865 · Current $560 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 October 4, 2022, and at times prior thereto, at the residential construction site, the employer did not ensure that an employee wore head protection while working on the second level of the scaffold while other employees were laying the brick on the wall in the higher level, exposing employees to struck-by hazards.

Issued

Nov 28, 2022

Penalty

Initial $1,865 · Current $560 Reduced

General-duty citation text

29 CFR 1926.300(b)(4)(ii): The point of operation of machine(s) whose operation exposed an employee to injury was not guarded:  On or about October 4, 2022, and at times prior thereto, at the residential construction site, an employee was operating a stationary masonry saw with the retractable lower guard in the open position by tying in it with a yellow cord, exposing employees to struck-by and caught in hazards.

Issued

Nov 28, 2022

Abate by

Dec 12, 2022

Penalty

Initial $1,865 · Current $560 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   On or about October 4, 2022, and at times prior thereto, at the residential construction site, the employer did not ensure the tubular framed welded scaffold was not supported with mud sills while employees were engaged in masonry activities on the second and third level of the scaffold, exposing employees to fall hazards of ten (10) feet to the lower level.

Issued

Nov 28, 2022

Penalty

Initial $1,865 · Current $560 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. Crossbraces were used as a means of access.  On or about October 4, 2022, and at times prior thereto, at the residential construction site, the employer did not ensure the tubular framed welded scaffold had a ladder for safe access/egress, exposing employees to fall hazards of ten (10) feet to the lower level.

Issued

Nov 28, 2022

Abate by

Dec 12, 2022

Penalty

Initial $1,865 · Current $560 Reduced

General-duty citation text

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1,  On or about October 4, 2022, and at times prior thereto, at the residential construction site, the employer did not ensure to had engineering controls, work practices, and respiratory protection while an employee was cutting bricks with a stationary masonry saw, exposing the employee to potentially respirable crystalline silica.

Issued

Nov 28, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

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:  On or about October 4, 2022, and at times prior thereto, at the residential construction site, the employer did not assess the exposure of employees cutting bricks with a stationary masonry saw, exposing the employee to potentially respirable crystalline silica.

Issued

Nov 28, 2022

Abate by

Dec 12, 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:  On or about October 4, 2022, and at times prior thereto, at the residential construction site, the employer had not implemented a written exposure control plan for employees cutting bricks with a stationary masonry saw, exposing employees to potentially respirable crystalline silica.

Issued

Nov 28, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9013

General-duty citation text

29 CFR  1910.1200(g)(1):  Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use   On or about October 4, 2022, and at times prior thereto, at the residential construction site, the employer did not ensure that each employee had access to the safety data sheet for materials containing respirable crystalline silica to provide information on the hazards of cutting bricks with stationary masonry saws and procedures that should use to ensure safety.