OSHA Inspection: CARLOS A. LOPEZ REYES

Issued

2023-06-08 00:00:00

Penalty

Initial $2679.00 · Current $1500.00 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.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees were required to wear air purifying respiratory protection when exposed to respirable crystalline silica when cutting masonry blocks.  The employer failed to develop and implement a written respiratory protection program, which included worksite specific procedures, thereby exposing employees to hazards associated with respirable crystalline silica.  The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to; proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.

Issued

2023-06-08 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.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, the employer did not ensure that each employee required to wear tight-fitting facepiece respirators have been provided with a medical evaluation.

Issued

2023-06-08 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.  Between December 22, 2023, and January 12, 2023, at the above addressed jobsite, employees required to wear tight-fitting facepiece respirator were not provided with a fit test prior to the initial use of the respirators, thereby exposing employees to hazards associated with respirable crystalline silica.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide effective training to ensure that each employee could demonstrate knowledge of 1910.134(k)(1)(i) - (vii):  a. Between December 22, 2022, and  January 12, 2023, at the above addressed jobsite, employees were provided with and required to wear air-purifying respirators to protect against exposure to materials containing respirable crystalline silica.  The employer did not ensure that each employee could demonstrate knowledge of the required training elements of the standard including, but not limited to, why respiratory protection is necessary, factors that compromise protection, proper fit, proper use, limitations and capabilities, change schedules, emergency use, inspection, maintenance and/or storage, general requirements of 29 CFR 1910.134, and how to recognize medical signs and symptoms.

Issued

2023-06-08 00:00:00

Penalty

Initial $3349.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR  1926.20(b)(1): The employer did not initiate and maintain such programs as may be necessary to comply with this part.  a.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, the employer did not maintain an accident prevention program to comply with the regulations of this part, which included, but were not limited to, employee protection when exposed to hazards associated with demolition and construction operations.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  a. Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees were not trained in the recognition of jobsite hazards, which included, but were not limited to, the hazards associated with demolition and construction operations.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.454(a): The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards.  a. Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees performing carpentry operations and masonry operations from a tubular welded frame scaffold were not trained to recognize the hazards associated with scaffolding, thereby exposing the employees to fall hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $2679.00 · Current $1500.00 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.  On or about January 12, 2023, at the above addressed jobsite, an employee performing masonry operations near a skid steer moving material overhead was not provided with a hard hat, thereby exposing the employee to struck by hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $4688.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR  1926.102(a)(1):  The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.  a.  On or about January 12, 2023, at the above addressed jobsite, an employee cutting masonry block with a portable handheld power saw was not utilizing eye protection, thereby exposing the employee to hazards associated with eye injuries.

Issued

2023-06-08 00:00:00

Penalty

Initial $2679.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1926.300(b)(1):  Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use:  a.  On or about January 12, 2023, at the above addressed jobsite, an employee cutting masonry blocks with an unguarded handheld grinder was exposed to laceration hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $4688.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR  1926.451(b)(1): Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii):  a. Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees performing carpentry operations and masonry operations from a tubular welded frame scaffold, approximately twenty-three (23) feet above ground, did not have the working level fully planked, thereby exposing the employees to fall hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $4688.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR  1926.451(c)(2): Supported scaffold poles, legs, posts, frames,  or uprights did not bear on base plates and mud sills or other adequate firm foundation:  a.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees performing carpentry and masonry operations from a tubular welded frame scaffold, which was erected with support legs that did not bear on base plates, were exposed to fall hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(f)(3): Scaffolds and scaffold components were not inspected for visible defects by a competent person before each work shift, and after any occurrence which could affect a scaffold's structural integrity:  a. Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees were exposed to fall hazards when performing carpentry operations and masonry operations from a tubular welded frame scaffold that was not inspected by a competent person.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.451(f)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration; Such activities were not performed only by experienced and trained employees selected for such work by the competent person.  a. Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees were exposed to fall hazards when performing carpentry operations and masonry operations from a tubular welded frame scaffold that was not erected by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection.

Issued

2023-06-08 00:00:00

Penalty

Initial $2009.00 · Current $1000.00 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.  a. Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees performing carpentry operations and masonry operations from a tubular welded frame scaffold were not provided with safe access to the scaffold platforms, thereby exposing the employees to fall hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $4688.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR  1926.451(g)(4)(i): Guardrail systems were not installed along all open sides and ends of platforms before being released for use by employees other than erection/dismantling crews:  a.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees performing carpentry operations and masonry operations from a tubular welded frame scaffold, approximately twenty-three (23) feet above ground, were not protected by guardrail systems along all open side and ends of platforms, thereby exposing the employees to fall hazards.

Issued

2023-06-08 00:00:00

Penalty

Initial $15625.00 · Current $12625.00 Reduced

General-duty citation text

29 CFR  1926.651(i)(2): Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to the employees was not prohibited:  a.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, employees were exposed to hazards associated with partial structure collapse, due to the excavation of the foundation of the structure.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.  a.  Between December 22, 2022, and January 12, 2023, at the above addressed jobsite, the employer did not ensure that a daily inspection of the excavation and adjacent areas was conducted by a competent person, thereby exposing employees working in and near the excavated area to hazards associated with partial structure collapse.

Issued

2023-06-08 00:00:00

Penalty

Initial $15625.00 · Current $12625.00 Reduced

General-duty citation text

29 CFR  1926.850(a): An engineering survey was not performed by a competent person to determine the conditions of the framing floors and walls and the possibility of unplanned collapse of any portion of the structure prior to permitting employees to start demolition operations.  a.  Between December 22, 2022, and January 12, 2023, the employer did not ensure an engineering survey was performed by a competent person to determine the conditions of the walls and the possibility of unplanned collapse of any portion of the structure prior to permitting employees to start demolition operations.

Issued

2023-06-08 00:00:00

Penalty

Initial $4688.00 · Current $2500.00 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, 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 January 12, 2023, at the above addressed jobsite, an employee was using a handheld grinder to cut masonry block that contained silica.  The employer did not implement engineering controls, such as an integrated water delivery system that continuously feeds water to the grinding surface, thereby exposing employees to hazards associated with respirable crystalline silica.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.1153(d)(1): The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 g/m3, calculated as an 8-hour TWA:  a.  On or about January 12, 2023, at the above addressed jobsite, an employee was using a handheld grinder to cut masonry block that contained silica.  The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 g/m3, calculated as an 8-hour TWA, thereby exposing employees to hazards associated with respirable crystalline silica.

Issued

2023-06-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 January 12, 2023, at the above addressed jobsite, the employer failed to implement a written exposure control plan that describes the measures used to limit employee exposure to respirable crystalline silica.