OSHA Inspection: HAZAEL LEDEZMA DBA H&L MASONRY, INC.

Issued

Jul 3, 2023

Abate by

Jul 21, 2023

Penalty

Initial $413 · Current $413

General-duty citation text

29 CFR  1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:   Hazael Ledezma dba H&L Masonry, Inc., failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:   Citation Number           Item Number           Abatement Date 01                                         01-a                              05/11/2023 01                                         01-b                              05/11/2023 01                                         01-c                              05/11/2023 01                                         01-d                             05/11/2023 01                                         02                                  05/11/2023  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

Apr 17, 2023

Abate by

May 11, 2023

Penalty

Initial $4,420 · Current $4,420

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(c)(1): For each employee engaged in a task identified in 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, 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 November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, the employer did not fully and properly implement engineering controls and work practices, as specified in Table 1 when using a HM 1812 Makita 70 lb. Advanced AVT� Breaker Hammer,  to break concrete from a basement floor containing up to 4% crystalline silica (Quartz) without equipping the tool with a water delivery system that supplies a continuous stream or spray of water at the point of impact or a tool equipped with a commercially available shroud and dust collection system.  b) On or about November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, the employer did not fully and properly implement engineering controls and work practices, as specified in Table 1 when using a BOSCH 11316EVS SDS-Max Demolition Hammer, to chip bricks from a basement wall containing up to 6% crystalline silica (Quartz) without equipping the tool with a water delivery system that supplies a continuous stream or spray of water at the point of impact or a tool equipped with a commercially available shroud and dust collection system.  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

Apr 17, 2023

Abate by

May 11, 2023

Penalty

Initial $0 · Current $0

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 November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, the employer did not assess the exposure of employee(s) exposed to respirable crystalline silica when operating an electric breaker hammer, HM 1812 Makita, to break concrete from a basement floor containing up to 4% crystalline silica (Quartz).   b) On or about November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, the employer did not assess the exposure of employee(s) exposed to respirable crystalline silica when operating an electric demolition hammer, BOSCH 11316EVS, to chip bricks from a basement wall containing up to 6% crystalline silica (Quartz).  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

Apr 17, 2023

Abate by

May 11, 2023

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 November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, 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 dust containing up to 4% (concrete) and 6% (bricks) crystalline silica (Quartz) when breaking concrete and chipping bricks indoor from a basement of a multi-family residential building.  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

Apr 17, 2023

Abate by

May 11, 2023

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 November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, the employer did not ensure that each employee exposed to crystalline silica 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 dust containing up to 4% (concrete) and 6% (bricks) crystalline silica (Quartz) when breaking concrete and chipping bricks indoor from a basement of a multi-family residential building.  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

Apr 17, 2023

Abate by

May 11, 2023

Penalty

Initial $4,420 · Current $4,420

Hazardous substances 9000

General-duty citation text

29 CFR  1926.59: The requirements applicable to construction work under this section are identical to those set forth at  29 CFR 1910.1200 of this chapter.  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 November 29, 2022, at 1235 W Granville Avenue, Chicago IL 60660, 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 and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace; 5) Methods to inform employees of the hazards on non routine tasks; and 6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.   Employee(s) were exposed to dust containing up to 4% (concrete) and 6% (bricks) crystalline silica (Quartz) when breaking concrete and chipping bricks indoor from a basement of a multi-family residential building.  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.