OSHA Inspection: AURELIO OCHOA, DBA AURELIO OCHOA

Issued

Nov 14, 2024

Abate by

Dec 18, 2024

Penalty

Initial $388 · Current $388

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:   New Restoration System LLC , failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:  Citation Number������������Item Number��������������������Abatement Date �01�������������������������������          01��������������������������������         09/27/2024  01                                         02a                                       09/27/2024  01                                         02b                                       09/27/2024  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

Sep 3, 2024

Abate by

Sep 27, 2024

Penalty

Initial $3,457 · Current $3,457

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 May 10, 2024, the employer did not fully and properly implement engineering controls and work practices, as specified in Table 1 when using an electric angle grinder, to grind mortar joints from a chimney containing  up to 20% of crystalline silica (Quartz) without equipping the tool with a water delivery system that supplies a continuous stream or spray of water at the point of impact or a tool equipped with a commercially available shroud and dust collection system.   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

Sep 3, 2024

Abate by

Sep 27, 2024

Penalty

Initial $3,457 · Current $3,457

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) would be met:  a) On or about May 10, 2024,  Aurelio Ochoa, DBA Aurelio Ochoa, 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 and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.  Employee(s) were exposed to hazardous chemicals including but not limited to Lehigh Masonry Cement Type -N containing portland cement.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Sep 3, 2024

Abate by

Sep 27, 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 May 10, 2024, the employer did not establish and implement a site specific written exposure control plan that outlined at least the following elements: descriptions of the tasks that can expose employees to silica, descriptions of the work practices, respiratory protection, engineering controls, description of housekeeping measures, and if necessary, procedures to limit access to areas to reduce employee exposure to crystalline silica. Employee(s) were exposed to dust containing up to 20% crystalline silica (Quartz) when grinder mortar joints with an electric angle grinder.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEE T), 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.