OSHA Inspection: LOS PRIMOS CANALES CONSTRUCTION LLC

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $3547.00 · Current $2550.00 Reduced

General-duty citation text

29 CFR  1910.134(c)(1):In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:  a) On or about February 18, 2025, the employer did not establish and implement a written respiratory protection program for employees required to wear a DSI Safety Inc 7C-84A-7872 tight fitting N-95 respirators while dry cutting general shale brick on a residential jobsite.

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(e)(1):General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  a) On or about February 18, 2025, the employer did not ensure each employee required to wear DSI Safety Inc 7C-84A-7872 tight fitting N-95 respirators while dry cutting general shale brick on residential jobsites was medically evaluated prior to using the respirator.

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(f)(2):The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.  a) On or about February 18, 2025, the employer did not ensure each employee required to wear DSI Safety Inc 7C-84A-7872 tight fitting N-95 respirators while dry cutting general shale brick on residential jobsites was fit tested prior to using the respirator.

Issued

2025-04-11 00:00:00

Penalty

Initial $4965.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.134(d)(1)(iii):The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.  a) On or about February 18, 2025, at the jobsite located at 8975 Dawning Dr Mason, OH 45040, the employer did not evaluate employee exposure to respirable crystalline silica prior to dry cutting on general shale brick with a gas-powered STIHL TS420 Cutquik abrasive saw.

Issued

2025-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.1153(d)(2)(i):General. The employer shall assess the exposure of each employee who is 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 February 18, 2025, at the jobsite located at 8975 Dawning Dr Mason, OH 45040, the employer did not evaluate employee exposure to respirable crystalline silica prior to dry cutting on general shale brick with a gas-powered STIHL TS420 Cutquik abrasive saw.

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $4965.00 · Current $2550.00 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1):Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the requirements of 1910.1200(e)(1)(i) and (e)(1)(ii).  a)On or about February 18, 2025, the employer had not developed, implemented, or maintained a written hazard communication program for employees exposed to chemicals and gases, such as but limited to respirable crystalline Silica (carcinogen) and gasoline (flammable).

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(h)(1):Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a) On or about February 18, 2025, the employer did not train employees on chemicals and poisonous gases in their work area, such as but limited to respirable crystalline Silica (carcinogen) generated by the gas-powered STIHL TS 420 Cutquik abrasive saw to cut general shale brick on a residential jobsite.

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.1153(i)(2)(i):Employee information and training. The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following: A) The health hazards associated with exposure to respirable crystalline silica;  B) Specific tasks in the workplace that could result in exposure to respirable crystalline silica;  C)Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used;  D) The contents of this section;  E) The identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section  a)On or about February 18, 2025,the employer had not trained or provided employees with the information required by this section prior to allowing them to use the gas-powered STIHL TS 420 Cutquik abrasive saw to cut general shale brick on a residential jobsite.

Issued

2025-04-11 00:00:00

Penalty

Initial $4965.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1926.1153(c)(1):Specified exposure control methods. 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.  a) On or about February 18, 2025, at the jobsite located at 8975 Dawning Dr, Mason, OH, the employer had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) when using a gas-powered STIHL TS 420 Cutquik abrasive saw to cut general shale brick, in that an integrated water delivery system that continuously fed water to the blade was not used, and an employee was not using respiratory protection.

Issued

2025-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.1153(e)(1)(ii):For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1: Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1.  a) On or about February 18, 2025, at the jobsite located at 8975 Dawning Dr Mason, OH, the employer did not ensure employees were utilizing respiratory protection and had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) when using a gas-powered STIHL TS 420 Cutquik abrasive saw to cut general shale brick, in that an integrated water delivery system that continuously fed water to the blade was not used, and an employee was not using respiratory protection.

Issued

2025-04-11 00:00:00

Abate by

2025-05-29 00:00:00

Penalty

Initial $4965.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1926.1153(g)(1): Written exposure control plan. The employer shall establish and implement a written exposure control plan that contains at least the following elements: (i): A description of the tasks in the workplace that involve exposure to respirable crystalline silica; (ii): A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; (iii): A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and (iv): A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.  a) On or about February 18, 2025, the employer had not established and implemented a written silica exposure control plan for employees exposed to respiratory crystalline silica while cutting general shale brick using a STIHL TS 420 Cutquik abrasive saw.