OSHA Inspection: X-ARIAS CONSTRUCTION LLC

Issued

Oct 18, 2023

Abate by

Oct 30, 2023

Penalty

Initial $376 · Current $376

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:  a) X-Arias Construction LLC was issued citations on June 30, 2023 and a final order for the citations was effective on July 12, 2023. The employer did not provide the area office abatement certification and/or abatement documentation as required by the citation and formal settlement agreement:  Citation Number, Item Number, Abatement Date 1,	1a,	July 27, 2023 1,	1b,	July 27, 2023 1,	1c,	July 27, 2023 1,	2c,	July 27, 2023  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Jun 30, 2023

Abate by

Jul 27, 2023

Penalty

Initial $4,688 · Current $2,344 Reduced

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) On April 7, 2023, X-Arias Construction LLC 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.  Employees were exposed to chemicals, including but not limited to, crystalline silica, when removing and cleaning brick using a Husqvarna K760 concrete saw, Bosch Bulldog Xtreme rotary hammer and Bosch GWS13-50 angle grinder and when mixing Lehigh Masonry Cement - Type N.   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

Jun 30, 2023

Abate by

Jul 27, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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.   a) On April 7, 2023, X-Arias Construction LLC did not have a safety data sheet available in the workplace for each hazardous chemical employees used. Employees were exposed to chemicals, including but not limited to, crystalline silica, when removing and cleaning brick using a Husqvarna K760 concrete saw, Bosch Bulldog Xtreme rotary hammer and Bosch GWS13-50 angle grinder and when mixing Lehigh Masonry Cement - Type N.   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

Jun 30, 2023

Abate by

Jul 27, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):     a) On April 7, 2023, X-Arias Construction LLC did not include respirable crystalline silica in the program established to comply with the hazard communication standard. Employees were exposed to chemicals, including but not limited to, crystalline silica, when removing and cleaning brick using a Husqvarna K760 concrete saw, Bosch Bulldog Xtreme rotary hammer and Bosch GWS13-50 angle grinder and when mixing Lehigh Masonry Cement - Type N.   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

Jun 30, 2023

Abate by

Jul 27, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of at least the information contained in paragraphs (i)(2)(i)(A)-(i)(2)(i)(F) of this standard.   a) On April 7, 2023, X-Arias Construction LLC did not ensure that each employee was trained on the health hazards associated with silica, specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, and the purpose of the medical surveillance program. Employees were exposed to chemicals, including but not limited to, crystalline silica, when removing and cleaning brick using a Husqvarna K760 concrete saw, Bosch Bulldog Xtreme rotary hammer and Bosch GWS13-50 angle grinder and when mixing Lehigh Masonry Cement - Type N.   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

Jun 30, 2023

Abate by

Jul 27, 2023

Penalty

Initial $4,688 · Current $2,344 Reduced

Hazardous substances 9000

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 April 7, 2023, X-Arias Construction LLC did not fully and properly implement the engineering controls, work practices and respiratory protection specified in Table 1 for employees using a Husqvarna K760 concrete saw to cut into the wall of the residential building.   b) On April 7, 2023, X-Arias Construction LLC did not fully and properly implement the engineering controls, work practices and respiratory protection specified in Table 1 for employees using a Bosch Bulldog Xtreme rotary hammer and chisel bit to cut into the wall of the residential building.   c) On April 7, 2023, X-Arias Construction LLC did not fully and properly implement the engineering controls, work practices and respiratory protection specified in Table 1 for employees using a Bosch GWS13-50 angle grinder to clean brick.   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

Jun 30, 2023

Abate by

Jul 27, 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 April 7, 2023, X-Arias Construction LLC did not assess the exposure to respirable crystalline silica for employees using a Husqvarna K760 concrete saw to cut into the wall of the residential building.   b) On April 7, 2023, X-Arias Construction LLC did not assess the exposure to respirable crystalline silica for employees using a Bosch Bulldog Xtreme rotary hammer and chisel bit to cut into the wall of the residential building.   c) On April 7, 2023, X-Arias Construction LLC did not assess the exposure to respirable crystalline silica for employees Bosch GWS13-50 angle grinder to clean brick.   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

Jun 30, 2023

Abate by

Jul 27, 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 April 7, 2023, X-Arias Construction LLC did not establish and implement a site-specific written silica exposure control plan. Employees were exposed to crystalline silica when removing and cleaning brick using a Husqvarna K760 concrete saw, Bosch Bulldog Xtreme rotary hammer and Bosch GWS13-50 angle grinder.  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.