OSHA Inspection: LINO PEREZ MARTINEZ

Issued

May 20, 2025

Abate by

Jun 23, 2025

Penalty

Initial $4,965 · Current $4,965

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 March 12, 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), Snyder cement mix (carcinogen), and gasoline (flammable).

Issued

May 20, 2025

Abate by

Jun 23, 2025

Penalty

Initial $0 · Current $0

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 March 12, 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) and carbon monoxide (asphyxiant) generated by the gas-powered STIHL TS 420 Cutquik abrasive saw to cut brick on a commercial jobsite.

Issued

May 20, 2025

Abate by

Jun 23, 2025

Penalty

Initial $0 · Current $0

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 March 12, 2025, the employer had not trained or provided employees with the silica hazard information required by this section prior to allowing them to use the gas-powered STIHL TS 420 Cutquik abrasive saw to cut  brick on a commercial jobsite.

Issued

May 20, 2025

Penalty

Initial $4,965 · Current $4,965

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 March 12, 2025, at the jobsite located at 1502 Roden park Dr Monroe, OH 45050, 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 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

May 20, 2025

Penalty

Initial $4,965 · Current $4,965

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 March 12, 2025, at the jobsite located at 1502 Roden park Dr Monroe, OH 45050, the employer did not evaluate employee exposure to respirable crystalline silica prior to dry cutting on brick with a gas-powered STIHL TS420 Cutquik abrasive saw.

Issued

May 20, 2025

Abate by

Jun 23, 2025

Penalty

Initial $4,965 · Current $4,965

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 March 12, 2025, the employer had not established and implemented a written silica exposure control plan for employees exposed to respiratory crystalline silica while cutting brick using a STIHL TS 420 Cutquik abrasive saw.