OSHA Inspection: CHUY CONSTRUCTION SERVICES, INC. DBA CHUY'S CONSTRUCTION SEWER, WATER & DIRECTIONAL BORING

Issued

Mar 22, 2024

Abate by

Apr 10, 2024

Penalty

Initial $3,457 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   a) On or about November 3, 2023, at the above addressed jobsite, 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 includes labeling and other forms of warning, safety data sheets and training.   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

Mar 22, 2024

Abate by

Apr 10, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not ensure that at least the following hazards were addressed: Cancer, lung effects, immune system effects, and kidney effects:  a) On or about November 3, 2023, at the above addressed jobsite, the employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (29 CFR 1910.1200).  Employees were exposed to hazardous chemicals, including but not limited to, respirable crystalline silica when performing cutting of pipe during underground work.   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

Mar 22, 2024

Abate by

Apr 10, 2024

Penalty

Initial $0 · Current $0

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 the health hazards associated with exposure to respirable crystalline silica:  a) On or about November 3, 2023, at the above addressed jobsite, the employer 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 hazardous chemicals, including but not limited to, respirable crystalline silica when performing cutting of pipe during underground work.   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

Mar 22, 2024

Abate by

Apr 10, 2024

Penalty

Initial $3,457 · Current $2,000 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 November 3, 2023, at the above addressed jobsite, the employer did not implement the engineering controls, work practices and respiratory protection specified in Table 1 for employees using a Stihl Cutquik Cut-Off Saw to cut clay pipe in an excavation.  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 record

Issued

Mar 22, 2024

Abate by

Apr 10, 2024

Penalty

Initial $0 · Current $0

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 3, 2023, at the above addressed jobsite, the employer did not assess the exposure of employees exposed to respirable crystalline silica.  Employees were exposed to hazardous chemicals, including but not limited to, respirable crystalline silica, when cutting clay pipe using a cut-off saw.  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

Mar 22, 2024

Abate by

Apr 10, 2024

Penalty

Initial $0 · Current $0

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 3, 2023, at the above addressed jobsite, the employer did not maintain a site-specific written exposure control plan.  Employees were exposed to hazardous chemicals, including but not limited to, respirable crystalline silica, when cutting clay pipe using a cut-off saw.  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

Mar 22, 2024

Penalty

Initial $6,914 · Current $4,500 Reduced

General-duty citation text

29 CFR  1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652 (b) or (c).  a) On November 3, 2023, at the above address, employees were exposed to cave-in hazards while performing work in an unprotected excavation measuring approximately 7 feet 5 inches deep.  No abatement certification or documentation is required for this item.    Chuy Construction Services, Inc. was previously cited for a violation of this occupational safety and health standard 1926.652(a)(1), which was contained in OSHA inspection number 1552722, citation number 1, item number 1 and was affirmed as a final order on October 28, 2021, with respect to a workplace located at 115 Perry Street in Park Ridge, Illinois.