OSHA Inspection: LUIS ROLDAN

Issued

2024-01-19 00:00:00

Penalty

Initial $4839.00 · Current $4839.00

Hazardous substances 2460

General-duty citation text

29 CFR 1910.134(a)(1): Atmospheric contamination was not prevented through the use of engineering controls, such as, but not limited to enclosure or confinement of the operation, general and local ventilation, or substitution of less toxic materials:   On or about July 20, 2023, employees using Mel-Prime water proofing adhesive that contained 45 to 50 percent toluene in an excavation were exposed to hazardous vapors. An employee was exposed to levels that were above the IDLH level of 500ppm and was fatally injured.

Issued

2024-01-19 00:00:00

Abate by

2024-02-14 00:00:00

Penalty

Initial $4839.00 · Current $4839.00

Hazardous substances 2460

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):  On or about July 20, 2023, employees performed construction activities such as waterproofing using chemical products including, but not limited to, Mel-Prime water proofing adhesive that contained 45 to 50 percent toluene.  A written hazard communication program was not developed to promote the safe handling and use of the hazardous chemical products.

Issued

2024-01-19 00:00:00

Abate by

2024-02-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 2460

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 July 20, 2023, employees performed construction activities such as waterproofing using chemical products including, but not limited to, Mel-Prime water proofing adhesive that contained 45 to 50 percent toluene.  Safety data sheets were not available.

Issued

2024-01-19 00:00:00

Abate by

2024-02-14 00:00:00

Penalty

Initial $4839.00 · Current $4839.00

Hazardous substances 2460

General-duty citation text

29 CFR 1926.651(g)(1)(i): Where oxygen deficiency (atmosphere containing less than 19.5 percent oxygen) or a hazardous atmosphere existed or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation were not tested before employees entered excavations greater than 4 feet (1.22 m) in depth:  On or about July 20, 2023, at the construction site, a competent person did not identify the excavation used to access the basement where Mel Prime waterproofing adhesive was being applied as a permit required confined space.

Issued

2024-01-19 00:00:00

Abate by

2024-02-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 2460

General-duty citation text

29 CFR 1926.651(g)(1)(ii): Adequate precautions were not taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres:  On or about July 20, 2023, at the construction site, adequate precautions were not taken when accessing the basement where Mel Prime waterproofing adhesive that contained 45 to 50 percent toluene was being applied.  An employee was exposed to levels that were above the IDLH level of 500ppm and was fatally injured.