OSHA Inspection: NEXT LEVEL MARBLE AND GRANITE, INC.

Issued

Jul 25, 2013

Abate by

Aug 2, 2013

Penalty

Initial $1,600 · Current $640 Reduced

General-duty citation text

29 CFR 1910.219(d)(1): Pulley(s) with part(s) seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified in 29 CFR 1910.219(m) and (o):      a) for the pulleys of the compressor located at 200 Mokulele Highway (Lot 83) in Puunene (HI) , as observed on or about 05/15/2013.  The guard had been removed for maintenance purposes but was never replaced.  The unguarded belts and pulleys exposed employees to severe lacerations and/or broken bones.

Issued

Jul 25, 2013

Abate by

Aug 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.219(e)(1)(i): Horizontal belts which had both runs 42 inches or less from the floor level were not fully enclosed by guards conforming to requirements specified in 29 CFR 1910.219(m) and (o):  a) for the belts of the compressor located at 200 Mokulele Highway, Lot 83, in Puunene (HI) , as observed on or about 05/15/2013.  The guard had been removed for maintenance purposes but was never replaced.  The unguarded belts and pulleys exposed employees to severe lacerations and/or broken bones.

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $1,600 · Current $640 Reduced

General-duty citation text

29 CFR 1910.178(a)(4): Modifications and additions which affect capacity and safe operation of powered industrial truck were performed by the employer without the manufacturer's prior written approval:     a) for the job-made attachment connected to the forks of the propane-powered Nissan 50 forklift being operated at Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI) , as observed on or about 05/15/2013.  The attachment (with an Abaco 75 Lifter clamp) was used to lift granite and marble slabs.  The unapproved attachment changed the center of gravity and capacity of the forklift.

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(q)(7): Industrial trucks were being placed in services after the examination showed condition(s) adversely affecting the safety of the vehicle:  a) for the propane-powered Nissan 50 forklift being operated at Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI) , as observed on or about 05/15/2013.  Upon examination, the forklift horn did not work.

Issued

Jul 25, 2013

Abate by

Oct 24, 2013

Penalty

Initial $2,800 · Current $1,120 Reduced

Hazardous substances 90109130

General-duty citation text

29 CFR 1910.1000(c): Employee(s) were exposed to total silica particulates in excess of the 8-hour time weighted average limits as listed in Table Z-3:     a) for the employee fabricating a granite counter top at Next Level Marble & Granite located at 200 Mokulele Highway, Lot 53, in Puunene (HI), as observed on 05/20/2013.  During personal monitoring on 05/20/2013, the employee was exposed to 21.1 mg/m3 of total silica particluates as an 8-hour time-weighted-average.  This  level represents an exposure of 1550% of OSHA's Permissible Exposure Limit of 1.36 mg/m3 based on a 20% silica content.  This 8-hour time-weighted-average was based on a sampling duration of 85 minutes.  Zero exposure was considered for the remaining 395 minutes of the employee's 480 minute work day.     b) for the employee fabricating a counter top from a composite material at Next Level Marble & Granite located at 200 Mokulele Highway, Lot 53, in Puunene (HI), as observed on 05/20/2013.  During personal monitoring on 05/20/2013, the employee was exposed to 34.4 mg/m3 of total silica particluates as an 8-hour time-weighted-average.  This  level represents an exposure of 1100% of OSHA's Permissible Exposure Limit of 3.12 mg/m3 based on a 7.6% silica content.  This 8-hour time-weighted-average was based on a sampling duration of 288 minutes.  Zero exposure was considered for the remaining 192 minutes of the employee's 480 minute work day.         Abatement Note(s):  The employer must implement THE FOLLOWING multistep abatement to comply with this item.       STEP 1:  As an interim control measure and as indicated in Cit 1 Item 3c, the employer must establish and implement a complete respiratory protection program to ensure employees are medically qualified to wear respirators, fit-tested, and properly trained in the use and care of respirators.  THIS STEP MUST BE COMPLETED WITHIN 10 WORKDAYS.     STEP 2:  The employer must re-evaluate their work practices and engineering controls to determine what additional measures can be taken to further reduce the employees' dust/silica exposures.  THIS STEP MUST BE COMPLETED WITHIN 45 WORKDAYS.  The use of a qualified industrial hygienist, or HIOSH, is recommended.  Means of feasible abatement may include, but may not be limited to:             a.  Procurement and use of additional wet-process tools where they are currently not being used.                     b. Changing work practices and work station setups to ensure employees are always upwind of fugitive dusts.     STEP 3:  The employer must use a qualified industrial hygienist to re-monitor the employees' exposure to verify the measures instituted in Step 2 are effective.  THIS FINAL STEP MUST BE COMPLETED WITHIN 60 WORKDAYS.

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 90109130

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:   a) for employees using the Gerson 2140 dust masks and the SurvivAir half-face respirators at Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI), as observed on or about 05/15/2013.  The respirators were used for protection against dust and silica while fabricating counter tops from granite, marble and composite materials.  The SurvivAir respirator was missing both inhalation covers.  Employees had not been trained, medically qualified, or fit-tested to wear respirators.

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(3)(i)(A): The employer did not select a respirator that meets or exceeds the required level of employee protection:  a) for employees using the Gerson 2140 dust masks and the SurvivAir half-face respirators at Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI), as observed on or about 05/20/2013.  The respirators were used for protection against dust and silica while fabricating counter tops from granite, marble and composite materials.  Employees used a SurvivAir cartridge respirator and a Gerson filtering facepiece respirator both of which have assigned protection factors of 10 times the PEL.  The employees monitored on 05/20/2103 had exposures ranging from 11.0 to 15.5 times the PEL.

Issued

Jul 25, 2013

Abate by

Sep 11, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 90109130

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 prescribed in 29 CFR 1910.1000(a) through (d):  a) for employees fabricating counter tops at Next Level Marble & Granite located at 200 Mokulele Highway, Lot 53, in Puunene (HI), as observed on 04/12/2013 and 05/20/2013.  During personal monitoring on 05/20/2013, employees were exposed to total silica particulate levels ranging from 21.1 to 34.4 mg/m3; these levels represent exposures of 1550% and 1100%, respectively, of OSHA's Permissible Expsoure Limit.  These are 8-hour time-weighted-averages based on sampling durations of 85 minutes and 288 minutes, respectively.  Zero exposure was considered for the remaining time of each employees' 480 minute work day.

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $2,000 · Current $800 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:     a) for products such as, but not limited to, granite and marble which release silica dust during the fabrication process, as observed on or about 05/15/2013.  The products are used by employees during the fabrication of counter tops for Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI) .

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):  a) for products such as, but not limited to, granite and marble which release silica dust during the fabrication process, as observed on or about 05/15/2013.  The products are used by employees during the fabrication of counter tops for Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI) .

Issued

Jul 25, 2013

Abate by

Aug 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h): Employees were not provided effective information and training as specified in 29 CFR 1910.1200(h)(1) and (2) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced:  a) for products such as, but not limited to, granite and marble which release silica dust during the fabrication process, as observed on or about 05/15/2013.  The products are used by employees during the fabrication of counter tops for Next Level Marble and Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI) .  Employees were not aware of the hazards of silicosis from their silica dust exposures.

Issued

Jul 25, 2013

Abate by

Sep 11, 2013

Penalty

Initial $400 · Current $160 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:     a) for the two employees working as counter top fabricators at Next Level Marble & Granite located at 200 Mokulele Highway (Lot 83) in Puunene (HI), on or about 05/15/2013.  During the 312 minutes of personal noise dosimetry performed on this date, the employees' projected 8-hour time-weighted-average (TWA) doses ranged from 127% to 261% of the allowable 85 decibels A scale (dBA).  The equivalent noise level for these doses is 92 dBA and 97 dBA, respectively.  Zero exposure was considered for the remaining 168 minutes of the employees' 480 minute workday.