OSHA Inspection: FREEWAY MARBLE & GRANITE

Issued

Apr 19, 2013

Abate by

May 24, 2013

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1910.95(c)(1):  The employer did not administer a continuing, effective hearing conservation program, as described in paragraphs (c) through (o) of this section.  A hearing conservation program is required when employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A scale (slow response) or, equivalently, a dose of fifty percent:              (a)   Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On and before March 14, 2013, the employer did not implement a continuing, effective hearing conservation program when employees were exposed to TWA sound levels in excess of 85 dBA. An employee in the shop was selected to wear a Quest NoisePro dosimeter.  Employee A was exposed to an average sound level of 91 dBA, which corresponds to a dose of 112%.   This condition exposed the employee to the hazard of noise induced hearing loss. The monitoring was conducted for 510 minutes.      (b)   Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On and before March 14, 2013, the employer did not implement a continuing, effective hearing conservation program when employees were exposed to TWA sound levels in excess of 85 dBA. An employee in the shop was selected to wear a Quest NoisePro dosimeter.  Employee B was exposed to an average sound level of 90 dBA, which corresponds to a dose of 98%. This condition exposed the employee to the hazard of noise induced hearing loss. The monitoring was conducted for 506 minutes.              Abatement Note:  An effective hearing conservation program must incorporate as many of the following as is feasible:                 1.   Monitoring of employee noise exposures.                 2.   Implementation of engineering, work practice, and administrative                  controls to reduce noise.                 3.   Provision of hearing protectors to those employees exposed above the                  Action Level of 85 dBA.  Hearing protectors must be fitted to the                  employee and provide a noise reduction rating appropriate to the noise                  levels in the work area(s).                 4.   Employee training and education regarding noise hazards and protective                  measures.                 5.   Baseline and annual audiograms.                 6.   Procedures for preventing further occupational hearing loss when                  employee's audiograms indicate hearing loss is occurring.                  7.   Recordkeeping.       Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

May 24, 2013

Penalty

Initial $2,400 · Current $1,440 Reduced

General-duty citation text

29 CFR 1910.134(c)(1):  A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirator(s) were required by the employer:        (a)               Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On and before March 13, 2012, the employer did not ensure that a written respiratory protection program was established and implemented in the workplace when employees were exposed to crystalline silica in excess of allowable limits.     Abatement Note:  The written program shall include at least the following:      (1)   Procedures for selecting respirators for use in the workplace;      (2)   Medical evaluations of employees required to use respirators;      (3)   Fit testing procedures for tight fitting respirators;      (4)   Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;      (5)   Procedures and schedules for cleaning, disinfection, storing, inspection., repairing, discarding, and otherwise maintaining respirators;      (6)   Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;      (7)   Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situation;      (8)   Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and      (9)   Procedure for regularly evaluating the effectiveness of the program      Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

May 24, 2013

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 employees ability to use a respirator, before the employees were fit tested or required to use a respirator in the workplace:    (a)               Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On and before March 13, 2013, the employer did not ensure that all employees who wear a tight fitting respirator had received medical evaluations. This condition exposes employees to respiratory hazards.        Abatement Note:  Abatement certification is required for this item (See enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(c):  Employees were exposed to crystalline silica, listed in Table Z-3, in excess of the Permissible Exposure Limit (PEL):    (a)   Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216:  On March 14, 2013, Freeway Marble & Granite did not ensure that employee exposure to crystalline silica did not exceed the 8 hour Time Weighted Average (TWA). Employee A was exposed to crystalline silica at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.67 mg/m3.  The employee was exposed to crystalline silica at a concentration of 0.97 mg/m3 as an 8 hour TWA.  This is 1.5 times the PEL.  Air monitoring was conducted for 467 minutes. This condition exposes employees to hazards associated with silica exposure.   Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

Oct 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits described in 29 CFR 1910.1000(a) through (d):    (a)   Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On March 14, 2013, Freeway Marble & Granite did not ensure that employee exposure to a substance listed in Table Z-3 did not exceed the 8 hour Time Weighted Average (TWA) for that substance.  An employee was fabricating granite countertops.  This process generated respirable silica dust. On March 14, one employee was exposed to respirable silica dust at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.67 mg/m3.  The employee was exposed to respirable silica dust at a concentration of 0.97 mg/m3 as an 8 hour TWA.  This is 1.5 times the PEL.  Air monitoring was conducted for 467 minutes. This condition exposes employees to respiratory hazards associated with silica exposure.     Abatement Note:  Feasible engineering controls include, but are not limited to:    1)                  Local exhaust ventilation; and    2)                  Ensuring the general ventilation of the area is adequate, and    3)                    Automated stone cutting machines which removes the employee from exposure.           STEP 1:           Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.                              STEP 1 ABATEMENT (30 DAYS):  May 20, 2013                       STEP 2:           Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to silica. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:    (a)    Evaluation of the extent and location of the hazard source    (b)   Evaluation of control measure options    (c)    Selection of optimum control measures    (d)   Determination of control measure design    (e)    Ordering and delivery of equipment    (f)    Installation of control measures    (g)   Training of employees in proper operation and maintenance of newly implemented control measures    (h)   Assurance of the effective performance of control measures    All proposed control measures shall be evaluated for each particular use but a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.     STEP 2 ABATEMENT DATE (60 DAYS): June 18, 2013      Step 3:             Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.                              STEP 3 ABATEMENT DATE (90 DAYS): July 18, 2013   Abatement Note: Abatement certification and documentation are required for this item (see enclosed Sample Abatement Certification Letter).

Issued

Apr 19, 2013

Abate by

May 24, 2013

Penalty

Initial $1,200 · Current $720 Reduced

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and cables were used as a substitute for the fixed wiring of a structure.      (a)   Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On and before March 13, 2013 the employer used an extension cord to power the water filtering system located in the southwest corner of the fabrication area.      Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

May 24, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(j)(2)(iv): Receptacles installed in a wet or damp location were not suitable for the location:   (a)    Freeway Marble & Granite 4321 N. Broadway, Denver, CO 80216: On or before March 13, 2013, the employer did not ensure that the electrical in the fabrication area were designed for use in wet locations. This condition exposed the employees to electrical shock hazards.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

May 24, 2013

Penalty

Initial $1,200 · Current $720 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not 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:       (a)               Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: The employer did not develop, implement, and maintain at the workplace specific written hazard communication program which describes how the specified in paragraphs (f), (g), and (h) of this section for labels of warning, material safety data sheets, and employee information and training will be met.       Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

May 24, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):  The employer did not maintain copies of the material safety data sheets for each hazardous chemical in the workplace:    (a)        Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: The employer did not maintain copies of the material safety data sheets for hazardous chemicals in the workplace. This condition may result in employees using chemicals in an unsafe manner due to lack of knowledge about the chemicals. The employer did not have any MSDSs on hand.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Abate by

May 24, 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 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 material safety datasheets.   (a) Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: On and before March 13, 2013, the employer did not provide employees with hazardous chemical training. The employer did not provide employees with training regarding the hazards of silica, and hazardous chemicals used in the workplace.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(4)(iii): An evaluation of each powered industrial truck operators performance was not conducted at least once every 3 years.    (a)               Freeway Marble & Granite, 4321 N. Broadway, Denver, CO 80216: : On and before March 13, 2013, the employer did not ensure that an employees performance was evaluated in the time specified by this standard.   Abatement Note:  Abatement certification is not required for this item.