OSHA Inspection: BALTAZAR'S STONE, INC.

Issued

May 14, 2014

Abate by

Dec 31, 2014

Penalty

Initial $3,080 · Current $2,080 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(b)(1): When employees were subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls were not utilized:      Jobsite - Cutting Area: The employer failed to utilize feasible administrative or engineering controls to reduce or eliminate noise levels for employees who are exposed to noise, equal or exceeding the Permissible Exposure Limit (PEL), of an 8-hour time-weighted average of 90 dBA or its equivalent noise dose of 100%, when working with equipment such as stone cutting machines. The following monitored employees exceeded the PEL (all exposure calculations included a zero increment for the time not sampled):      ·          Stone Cutter#1: exposed to continuous noise of 99.1 dBa or the equivalent noise dose of 355% during the 474 minute sampling period on 02/26/2014.      ·          Stone Cutter#2: exposed to continuous noise of 99.9 dBa or the equivalent noise dose of 395.4% during the 483 minute sampling period on 02/26/2014.      ·          Stone Cutter#3: exposed to continuous noise of 102.3 dBa or the equivalent noise dose of 553.3% during the 454 minute sampling period on 02/26/2014.      ·          Stone Cutter#4: exposed to continuous noise of 102.6 dBa or the equivalent noise dose of 580% during the 466 minute sampling period on 02/26/2014.      Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Aug 29, 2014

Penalty

Initial $3,080 · Current $2,080 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:      Jobsite - Cutting Area: The employer failed to monitor noise exposure for employees who are exposed to noise exceeding an 8-hour time-weighted average of 90 decibels when working with equipment such as stone cutting machines.      Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Aug 29, 2014

Penalty

Initial $3,080 · Current $0 Reduced

Hazardous substances 81108111

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:      Jobsite - Cutting Area: The employer failed to establish and maintain an audiometric testing program for employees who are exposed to noise exceeding an 8-hour time-weighted average of 90 decibels when working with equipment such as stone cutting machines.      Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Aug 29, 2014

Penalty

Initial $3,080 · Current $0 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(i)(3): Employees were not given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer:      Jobsite - Cutting Area: The employer failed to give employees who are exposed to noise exceeding an 8-hour time-weighted average of 90 decibels, the opportunity to select their hearing protectors from a variety of suitable types.      Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Aug 29, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(i)(5): The employer did not ensure proper initial fitting and supervise the correct use of all hearing protectors:      Jobsite - Cutting Area: The employer failed to ensure that employees, who are exposed to noise exceeding an 8-hour time-weighted average of 90 decibels, correctly insert and wear their ear plugs.       Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Aug 29, 2014

Penalty

Initial $3,080 · Current $0 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k):       Jobsite - Cutting Area: The employer failed to ensure that employees who are exposed to noise exceeding an 8-hour time-weighted average of 90 decibels, are provided training in accordance with the requirements of 29 CFR 1910.95(k).      Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Jul 1, 2014

Penalty

Initial $0 · Current $2,080

Hazardous substances 90109015

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:       Jobsite  Cutting Area: The employer failed to provide respiratory protection training prior to requiring the employees to wear N95 particulate respirators in the workplace.      Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Jul 1, 2014

Penalty

Initial $3,080 · Current $2,080 Reduced

Hazardous substances 90109015

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 employee was fit tested or required to use the respirator in the workplace:       Jobsite  Cutting Area: The employer failed to provide medical evaluation prior to requiring employees to wear N95 particulate respirators in the workplace.      Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Jul 1, 2014

Penalty

Initial $3,080 · Current $2,080 Reduced

Hazardous substances 90109015

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):      Jobsite  Cutting Area: The employer failed to ensure fit testing prior to requiring employees to wear N95 particulate respirators in the workplace.      Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Jul 20, 2015

Penalty

Initial $3,080 · Current $3,080

Hazardous substances 90109015

General-duty citation text

29 CFR 1910.1000(c): An employee(s) was exposed to chemical(s) in excess of the 8-hour time weighted average limits listed in Table Z-3:      The OSHA PEL for Respirable Silica is calculated pursuant to 29 C.F.R. � 1910.1000 by employing the following formula: (10mg/m3) ÷ (% SiO2 +2)      The following monitored employees were overexposed to respirable dust containing Silica in excess of the PEL (all calculations assumed zero exposure for the unsampled period of time):      ·          Stone Cutter#1: exposed to respirable crystalline silica at an 8-hour time-weighted average of 2.048 milligrams per cubic meter of air, approximately 1.76 times the calculated PEL of 1.163 milligrams per cubic meter of air. Sampling was performed for 441 minutes on 02/26/2014.      ·          Stone Cutter#2: exposed to respirable crystalline silica at an 8-hour time-weighted average of 2.498 milligrams per cubic meter of air, approximately 2.323 times the calculated PEL of 1.075 milligrams per cubic meter of air. Sampling was performed for 458 minutes on 02/26/2014.      ·          Stone Cutter#3: exposed to respirable crystalline silica at an 8-hour time-weighted average of 1.352 milligrams per cubic meter of air, approximately 2.7 times the calculated PEL of 0.5 milligrams per cubic meter of air. Sampling was performed for 488 minutes on 02/26/2014.      Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Jul 20, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 90109015

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):      Jobsite - Cutting Area: The employer failed to utilize feasible administrative or engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d). The OSHA PEL for Respirable Silica is calculated pursuant to 29 C.F.R. � 1910.1000 by employing the following formula: (10mg/m3) ÷ (% SiO2 +2)      The following monitored employees were overexposed to respirable dust containing Silica in excess of the PEL (all calculations assumed zero exposure for the unsampled period of time):      ·          Stone Cutter#1: exposed to respirable crystalline silica at an 8-hour time-weighted average of 2.048 milligrams per cubic meter of air, approximately 1.76 times the calculated PEL of 1.163 milligrams per cubic meter of air. Sampling was performed for 441 minutes on 02/26/2014.      ·          Stone Cutter#2: exposed to respirable crystalline silica at an 8-hour time-weighted average of 2.498 milligrams per cubic meter of air, approximately 2.323 times the calculated PEL of 1.075 milligrams per cubic meter of air. Sampling was performed for 458 minutes on 02/26/2014.      ·          Stone Cutter#3: exposed to respirable crystalline silica at an 8-hour time-weighted average of 1.352 milligrams per cubic meter of air, approximately 2.7 times the calculated PEL of 0.5 milligrams per cubic meter of air. Sampling was performed for 488 minutes on 02/26/2014.      Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Aug 29, 2014

Penalty

Initial $0 · Current $2,080

Hazardous substances 90109015

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:       Jobsite  Cutting Area: The employer failed to provide employees training to recognize, evaluate and control exposure to hazardous chemicals including, but not limited to, respirable silica. Air sampling conducted on February 26th, 2014 revealed that three (3) stone cutters were overexposed approximately 2-3 times in excess of the Silica Permissible Exposure Limit.       Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.

Issued

May 14, 2014

Abate by

Jul 1, 2014

Penalty

Initial $440 · Current $0 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(l)(1): The employer did not make available to affected employees or their representatives copies of 29 CFR 1910.95 and did not post a copy in the workplace:       Jobsite: The employer failed to post and to make available to affected employees a copy of the occupational noise exposure standard.      Abatement certification is required for this violation. The abatement certification sheet is enclosed with the citations.