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Inspection outcome
Opened: April 20, 2023 · Closed: September 1, 2023
Citations issued

OSHA issued one or more Other-than-serious citations.

Safety inspection · Planned (Programmed) · Comprehensive — entire establishment

Violations11
Serious+0
Initial penalty$18,715
Current penalty$9,830
Accidents0
Duration134d
Summary

What happened in this inspection

On April 20, 2023, OSHA opened Mexico Tortilla Factory & Delicatessen’s inspection #346649627 at NEWARK, California. The case was administratively closed on September 1, 2023, 134 days after opening.

OSHA cited the employer for 11 violations totaling $9,830 in current penalties — reduced from an initial proposed total of $18,715. All citations were Other-than-serious.

Breakdown by classification
11violations total
Serious218%

A Serious violation is one where there is substantial probability that death or serious physical harm could result, and the employer knew (or should have known) of the hazard. Maximum penalty is ~$16,550 per violation. The majority of OSHA citations fall into this category.

Other-than-serious982%

An Other-than-serious violation has a direct relationship to job safety and health but probably would not cause death or serious physical harm. Maximum penalty is ~$16,550 per violation. Often involves recordkeeping or procedural lapses.

Citations

Citations issued in this inspection

11citations issued
$9,830current penalty
↓ $8,885total reduction
Look up on OSHA.gov
Othergravity 5
Citation #01009
3668(A)(2)General Duty Clause or unstructured citation
Initial$515
Current$300reduced by $215
Seriousgravity 10
Citation #02001
4002(A)General Duty Clause or unstructured citation
Initial$7,200
Current$3,600reduced by $3,600
Seriousgravity 10
Citation #03001
4050(A)General Duty Clause or unstructured citation
Initial$7,200
Current$3,600reduced by $3,600
Other
Citation #01001
29 CFR 4300.29(a)View full regulation text on OSHA.gov
Initial$275
Current$200reduced by $75
Othergravity 5
Citation #01002
29 CFR 2340.12(a)View full regulation text on OSHA.gov
Initial$305
Current$225reduced by $80
Othergravity 5
Citation #01003
3203(A)General Duty Clause or unstructured citation
Initial$515
Current$300reduced by $215
Othergravity 5
Citation #01004
3241(C)General Duty Clause or unstructured citation
Initial$410
Current$300reduced by $110
Othergravity 5
Citation #01005
3249(C)General Duty Clause or unstructured citation
Initial$410
Current$300reduced by $110
Othergravity 5
Citation #01006
3276(F)General Duty Clause or unstructured citation
Initial$515
Current$405reduced by $110
Othergravity 10
Citation #01007
3314(G)(2)(A)General Duty Clause or unstructured citation
Initial$685
Current$300reduced by $385
Othergravity 10
Citation #01008
3314(L)General Duty Clause or unstructured citation
Initial$685
Current$300reduced by $385

Standard codes link to the regulation text on OSHA.gov. The text describes the rule itself; the specific findings of this inspection appear above. To see OSHA’s official record of this inspection, search activity number 346649627 at OSHA Establishment Search.

Reference

About OSHA inspections

The U.S. Occupational Safety and Health Administration (OSHA) conducts inspections under several triggers: programmed targeting of high-hazard industries, employee complaints, workplace accidents, fatalities, and follow-ups to prior citations.

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Citations

Each citation specifies a section of 29 CFR, a severity tier, and a proposed penalty. Employers can contest citations through OSHA’s informal conference or before the OSH Review Commission.

Open vs closed

An open case has not yet been administratively closed — citations may follow or the case may close without action.

💰
Current vs initial penalty

Initial penalty is the proposed amount at citation. Current penalty is the post-conference / settlement figure on file today.

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Trigger types

A = Accident, B = Complaint, H = Programmed, F = Follow-up. See the glossary for all codes.

About this inspection

OSHA classified this as Planned (Programmed) — a programmed (planned) inspection, typically targeting high-hazard industries.

Sources

Cross-check with OSHA directly

This page draws from the OSHA Integrated Management Information System (IMIS) via the DOL Open Data Portal. For the authoritative record, look up activity number 346649627 directly: