OSHA Inspection: MARCIAL MARTINEZ

Issued

Feb 15, 2024

Abate by

Apr 5, 2024

Penalty

Initial $388 · Current $388

General-duty citation text

29 CFR  1903.19(c)(1):Within 10 calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph (c)(2) of this section.  a)  The employer failed to submit certification of abatement within 10 calendar days of the abatement date for Citation 1 Item 1a, Citation 1 Item 2, Citation 1 Item 3a,Citation 1 Item 3b, and Citation 1 Item 4.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET from Page 5).

Issued

Feb 15, 2024

Abate by

Apr 5, 2024

Penalty

Initial $388 · Current $388

General-duty citation text

29 CFR  1903.19(d)(1):The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  a)  The employer failed to submit documentation of abatement within 10 days of the abatement date for Citation 1 Item 1b.  In accordance with 29 CFR 1903.19(d), abatement 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, or written records.

Issued

Oct 31, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $3,349

Hazardous substances 9000

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:   On or about August 24, 2023, employer did not ensure that a written respiratory protection program was established for employee dry-cutting fiber cement board with a handheld circular saw.

Issued

Oct 31, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  On or about August 24, 2023, employer did not ensure that a written respiratory protection program was established for employee dry-cutting cement board with a handheld circular saw.

Issued

Oct 31, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $3,349

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:   On or about August 24, 2023, the employer did not ensure that a written hazard communication program was not developed to inform employees of the occupational health and physical hazards of silica and other chemicals employees were exposed to.

Issued

Oct 31, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $3,349

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 shall 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.  On or about August 24, 2023, the employer did not ensure that table 1 was followed when employee's dry cut fiber-cement board with a handheld saw without using an integrated a water delivery system.

Issued

Oct 31, 2023

Abate by

Nov 30, 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:  On or about August 24, 2023, the employer did not evaluate employees silica exposure when employee was dry cutting fiber cement boards a handheld circular saw.

Issued

Oct 31, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $3,349

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:  The employer did not ensure that a written silica exposure control plan was established for employee's performing silica-generating tasks, i.e. dry cutting fiber cement boards with a handheld circular saw.