OSHA Inspection: VLADIMIR ACERO, LLC

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $2,838 · Current $1,987 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: (Construction Reference 29 CFR 1926.103)  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica while wearing an N95 filtering facepiece.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: (Construction Reference 1926.103)  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica while wearing an N95 filtering facepiece.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide respirator training that ensured each employee could demonstrate knowledge of at least the following elements: Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; What the limitations and capabilities of the respirator are; How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; How to inspect, put on and remove, use, and check the seals of the respirator; What the procedures are for maintenance and storage of the respirator, and How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators.  (Construction Reference 1926.103)  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica while wearing an N95 filtering facepiece.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica while wearing an N95 filtering facepiece.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(h)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year:  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica while wearing an N95 filtering facepiece.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $2,838 · Current $1,987 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:  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica, indoors, using a DeWalt DCG412 20v Max cordless grinder (or a similar model) equipped with a cutting blade and did not implement engineering controls such as a shroud and dust collection system or an integrated water delivery system.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(c)(2)(i): A means of exhaust was not provided to minimize the accumulation of visible airborne dust for tasks performed indoors or in enclosed areas:   (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica inside an area enclosed by a heavy-duty plastic barrier, where dust had visibly accumulated throughout the enclosure and remained suspended in the air after cutting.

Issued

May 14, 2026

Abate by

Jun 10, 2026

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 December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica inside an area enclosed by a heavy-duty plastic barrier, using a DeWalt DCG412 20v Max cordless grinder (or a similar model) equipped with a cutting blade.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $2,838 · Current $1,987 Reduced

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica in an area enclosed by heavy-duty plastic barrier.

Issued

May 14, 2026

Abate by

Jun 10, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(ii): The employer did not make a copy of this section, 1926.1153(i)(2) employee information and training, readily available without cost to each employee covered by this section:  (a) On or about December 11, 2025, an employee was cutting USG Durock cement board containing crystalline silica using a DeWalt DCG412 20v Max cordless grinder (or a similar model) equipped with a cutting blade.