OSHA Inspection: US MARBLE CONSTRUCTION CORP

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $3,200 · Current $3,200

General-duty citation text

29 CFR 1910.37(a)(3):  Exit routes must be free and unobstructed. No materials or equipment may be placed, either permanently or temporarily, within the exit route.     a) In work area,      The employer did not ensure that exit routes were free and unobstructed.  The exit route leading to McDonald St. was blocked with tires and empty 55 gallon drums.  Condition noted on 09/04/12.     b) In work area,     The employer did not ensure that exit routes were free and unobstructed.  The exit route leading to McDonald St. was blocked with tires and empty 55 gallon drums.  Condition noted on 09/04/12.     US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 1 and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $3,200 · Current $3,200

General-duty citation text

29 CFR 1910.133(a)(1):  The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.    a) In work area,   Employer did not ensure employees wear appropriate eye or face protection when fabricating countertops.  Condition noted on 09/04/12.     US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 3 and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.      Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $2,400 · Current $2,400

General-duty citation text

29 CFR 1910.141(a)(3)(i): Places of employment were not kept clean to the extent that the nature of the work allowed:    a) In work area,     The employer did not ensure that the workplace was kept clean to the extent the nature of the work allowed.  The had a stone debris pile approximately 3 ft. high by 3 ft. wide in the work area.  Condition noted on or about 09/04/12.       US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 5 and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $5,600 · Current $5,600

General-duty citation text

29 CFR 1910.176(b): Storage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.    a) In work area,     The employer did not ensure that stone slabs stored in vertical metal shelves did not create a hazard.  The employer did not have documentation or know the weight capacity of the metal vertical shelves that are used to support stone slabs that could each weight between 800 to 1,000 lbs.  Condition noted on 09/04/12.        US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 6 and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $3,200 · Current $3,200

General-duty citation text

29 CFR 1910.253(b)(2)(ii):  Assigned storage spaces shall be located where cylinders will not be knocked over or damaged by passing or falling objects, or subject to tampering by unauthorized persons:      a) In work area,     Propane cylinders were observed stored in an aisle way that the company forklift regularly passes through when moving around stone slabs. Condition noted on 05/13/10.     US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 10 and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $11,000 · Current $11,000

General-duty citation text

29 CFR 1910.37(b)(1): Each exit route must be adequately lighted so that an employee with normal vision can see along the exit route.      a) In facility exit route,   The employer did not ensure the exit route had adequate lighting.  The exit route located at the back of the facility that leads to McDonald Ave passageway has no window or any lighting source.  Condition noted on 09/04/12.   US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 2a and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(b)(2): Each exit must be clearly visible and marked by a sign reading "Exit."      a) In work area,   The employer did not ensure that the exit was clearly marked with a sign marked Exit.  Condition noted on 09/04/12.     US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 2b and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $11,000 · Current $11,000

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not establish and implement a written respiratory protection program with worksite-specific procedures.     a) In work area,    The employer did not develop and implement a written respiratory protection program for employees who are required to wear 3M half face respirators with organic vapor cartridges while cutting various stone slabs when fabricating countertops.  Condition noted on 05/13/10    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(3)(iv): The employer did not provide the appropriate respirator for protection against particulates, the employer shall provide:    a) In work area,    The employer did not provide appropriate respirator cartridges when employees are cutting stone slabs. Employees are required to wear 3M half face respirators with organic vapor cartridges while cutting various stone slabs when fabricating countertops.  Condition noted on 05/13/10.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1):  General. 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:     a) In work area,    The employer did not conduct medical evaluations prior to initial use for employees who are required to wear 3M half face respirators with organic vapor cartridges while cutting various stone slabs when fabricating countertops.  Condition noted on 05/13/10.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1): The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.    a) In work area,    The employer did not fit test employees prior to initial use. Employees are required to wear 3M half face respirators with organic vapor cartridges while cutting various stone slabs when fabricating countertops.      Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training annually to employees who are required to use a respirator:    a) In work area,     The employer did not train employees in respirator use initially. Employees are required to wear 3M half face respirators with organic vapor cartridges while cutting various stone slabs when fabricating countertops.  Condition noted on 05/13/10.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $11,000 · Current $11,000

General-duty citation text

29 CFR 1910.178(a)(4): Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval:      a) In work area,     The employer did not have written approval from the forklift manufacturer to add an attachment.  An ABACO (ALG50-B) giant lifter was attached to a Hyster forklift (A-597020) to aide in lifting stone slabs which weighted between 800 and 1,000 lbs. each.  Condition noted on 09/04/12.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l): Operator were not trained in safe operation of powered industrial trucks:    a) In work area,    The employer did not ensure that employees who operate Hyster forklift (Ser.# A-597020) when moving around stone slabs throughout the facility were trained in the safe operation of powered industrial trucks.  Condition noted on or about 09/04/12.     Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $11,000 · Current $11,000

General-duty citation text

29 CFR 1910.242(b): Compressed air used for cleaning was not reduced to less than 30 p.s.i.     a) In work area,     Through interviews it was determined that employees still usedcompressed air at 80 p.s.i.to clean off their clothing before going home. Condition noted on 09/04/12.     US MARBLE CONSTRUCTION CORP was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 315551010, citation number 1, item 9 and was affirmed as a final order on July 5, 2011, with respect to a workplace located at 1267 McDonald Ave, Brooklyn, NY 11230.     Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $11,000 · Current $11,000

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, material safety data sheets, and employee information and training will be met, and which also includes the following:    a) In work area,     The employer did not develop and implement a written hazard communication program for the employee who are required to use chemicals such as but not limited to propane which is used to power a Hyster forklift (Ser. # A-597020) and silica that is generated when cutting stone slabs. Condition noted on or about 05/13/12.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1):  Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet in the workplace for each hazardous chemical which they use.    a) In work area,     The employer did not have material safety data sheets for employees who use chemicals such as but not limited to propane which is used to power a Hyster forklift (Ser. # A-597020) and silica that is generated when cutting stone slabs. Condition noted on or about 05/13/12.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19

Issued

Feb 28, 2013

Abate by

Mar 12, 2013

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 physical or health hazard is introduced into their work area.    Follow-up Inspection date: 09/04/12    The employer did not train employees in the hazards associated with the safety precautions needed to be taken when using chemicals such as but not limited to propane which is used to power a Hyster forklift (Ser. # A-597020) and silica that is generated when cutting stone slabs. Condition noted on 05/13/10.    Note: The employer is required to submit abatement certification for this item in accordance with 1903.19