OSHA Inspection: RUBELIO JIMENEZ DBA RUBYS CONSTRUCTION

Issued

Jul 8, 2025

Abate by

Aug 1, 2025

Penalty

Initial $3,547 · Current $2,500 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not establish and implement a written exposure control plan that consists 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 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.  a)   On or about April 11, 2025  at the above mentioned address, Rubelio Jimenez dba Rubys Construction did not develop and implement a Silica Exposure Control Plan with an accurate description of all the tasks in the workplace that involved exposure to respirable crystalline silica. Employees were exposed to dust containing up to 10% respirable crystalline silica (Quartz) when using a demo hammer to remove bricks from a chimney.  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, or written records.