OSHA Inspection: MEZGER ENTERPRISES, LTD.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $6,300 · Current $1,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour Time-Weighted Average (TWA) sound level of 85 decibels measured on the A scale (dBA), or equivalently a dose of fifty percent:    An effective hearing conservation program which included noise monitoring, audiometric testing of employees, training of employees, and retention of exposure measurements as detailed in the standard was not instituted by the employer.      a)    An employee operating the Line Saw was exposed to noise during the 483 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 99.4 dBA.  Exposure calculations included a zero calculation increment for the 3 minutes of additional sampling.    b)    An employee operating the Joint Saw was exposed to noise during the 480 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 95.0 dBA.      c)    An employee operating the Push Hammer was exposed to noise during the 481 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 95.1 dBA.  Exposure calculations included a zero calculation increment for the 1 minute of additional sampling.      d)    An employee operating the Slider bed was exposed to noise during the 480 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 93.9 dBA.      e)    An employee operating the Belt Saw was exposed to noise during the 480 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 89.7 dBA.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $6,300 · Current $1,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(i)(2): The employer did not ensure that hearing protectors were worn:    On or about March 14, 2014, and at times prior thereto, the employer did not ensure that employees were wearing hearing protectors when exposed to noise levels exceeding 85 or 90 dBA, in accordance with paragraph 1910.95(i).    a)    An employee operating the Line Saw was exposed to noise at an 8-hour TWA sound level of 99.4 dBA was observed to not be wearing hearing protectors on or about March 14, 2014.    b)    An employee operating the Belt Saw was exposed to an 8-hour TWA sound level of 89.7 dBA was observed to not having hearing protectors fully inserted in the ear canal on or about March 14, 2014.     c)    An employee operating the Push Hammer was exposed to noise at an 8-hour TWA sound level 95.1 dBA was observed to not having hearing protectors fully inserted in the ear canal on or about March 19, 2014.    d)    An employee operating the Planer Machine was observed to wearing ear muffs that were damaged on or about March 19, 2014.    e)    An employee using stone cutting tools was observed to not having hearing protectors fully inserted in the ear canal on or about March 20, 2014.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $5,400 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed:    On or about March 14, 2014, and at times prior thereto, the employer had not prepared a written certification verifying a workplace assessment was performed for employees necessitating personal protective equipment.    a)  Employees handling limestone and performing sanding operations were not provided with gloves for the protection against bruises, laceration, or severe abrasions.    b)  Employees operating the Line Saw and Laser Saw in which both had a wet method for the control of nuisance dust were not provided with rubber boots for the protection against slip, trip, and falls.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(h)(1):  Protective equipment, including personal protective equipment (PPE), used to comply with this part, was not provided by the employer at no cost to employees:  On or about March 14, 2014, and at times prior thereto, the employer did not provide gloves to employees to protect them from bruises, lacerations, or severe abrasions when handling limestone and performing sanding operations.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a): The employer did not select and require employee(s) to use appropriate hand protection when employees' hands were exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasion; punctures; chemical burns; thermal burns; and harmful temperature extremes:  On or about March 14, 2014, and at times prior thereto, employees were not provided with gloves for the protection against bruises, lacerations, or severe abrasions when handling limestone and performing sanding operations.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $2,700 · Current $0 Reduced

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)    On or about March 18, 2014, and at times prior thereto, Mill Restroom #1 was not maintained clean and free from used toilet paper, trash and water on the floors, exposing employees to unsanitary conditions.    b)    On or about March 18, 2014, and at times prior thereto, Mill Restroom #2 was not maintained clean and free from used toilet paper, trash and water on the floors, exposing employees to unsanitary conditions.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.141(a)(4)(ii): Wastes were not removed as often as necessary to maintain the place of employment in a sanitary condition:  a) On or about March 18, 2014, and at times prior thereto, Mill Restroom #1 had no receptacles for the removal of trash.  b) On or about March 18, 2014, and at times prior thereto, Mill Restroom #2 had no receptacles for the removal of trash.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $2,700 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.141(d)(2)(ii): Lavatories were not provided with hot and cold, or tepid running water:    a)    On or about March 18, 2014, and at times prior thereto, Mill Restroom #1 did not have hot and cold, or tepid water for the washing of the hands in that the water heater was broken, exposing employees to unsanitary conditions.    b)    On or about March 18, 2014, and at times prior thereto, Mill Restroom #2 did not have running hot and cold, or tepid water for the washing of the hands, exposing employees to unsanitary conditions.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.141(d)(2)(iii): Lavatories were not provided with hand soap or similar cleansing agent:    a)  On or about March 20, 2014, and at times prior thereto, Mill Restroom #1 did not have hand soap for the washing of the hands, exposing employees to unsanitary conditions.    b)  On or about March 20, 2014, and at times prior thereto, Mill Restroom #2 did not have hand soap for the washing of the hands, exposing employees to unsanitary conditions.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.141(d)(2)(iv): Lavatories were not provided with individual hand towels or sections thereof, of cloth or paper, warm air blowers or clean individual sections of continuous cloth toweling:    a)  On or about March 18, 2014, and at times prior thereto, Mill Restroom #1 did not have hand towels for the drying of the skin, exposing employees to unsanitary conditions.    b)  On or about March 18, 2014, and at times prior thereto, Mill Restroom #2 did not have hand towels for the drying of the skin, exposing employees to unsanitary conditions.

Issued

Sep 11, 2014

Abate by

Feb 28, 2015

Penalty

Initial $63,000 · Current $21,000 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:    On or about March 14, 2014, and at times prior thereto, the employer did not establish and maintain an audiometric testing program as part of a continuing, effective hearing conservation program for employees who were exposed to noise levels above an 8-hour time weighted average of 85 dBA.    a)    An employee operating the Line Saw was exposed to noise during the 483 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 99.4 dBA.  Exposure calculations included a zero calculation increment for the 3 minutes of additional sampling.  The employee had been with the company approximately 5 years and had not received a baseline audiogram.    b)    An employee operating the Joint Saw was exposed to noise during the 480 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 95.0 dBA.  The employee had been with the company approximately 10 years and had not received a baseline audiogram.      c)    An employee operating the Push Hammer was exposed to noise during the 481 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 95.1 dBA.  Exposure calculations included a zero calculation increment for the 1 minute of additional sampling.  The employee had been with the company approximately 8 months and had not received a baseline audiogram.      d)    An employee operating the Slider bed was exposed to noise during the 480 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 93.9 dBA.  The employee had been with the company approximately 5 years and had not received a baseline audiogram.      e)    An employee operating the Belt Saw was exposed to noise during the 480 minute sampling period on March 19, 2014.  An 8-hour TWA sound level of 89.7 dBA.  The employee had been with the company approximately 28 years, received a baseline audiogram, but had not received a new yearly audiogram.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $900 · Current $0 Reduced

General-duty citation text

29 CFR 1904.33(a): The employer did not save the OSHA 300 Log, the privacy case list (if one existed), the annual summary, and the OSHA 301 Incident Report Forms for five (5) years following the end of the calendar year that these records covered.     On or about March 14, 2014, and at times prior thereto, the employer did not maintain required OSHA recordkeeping forms or equivalent forms for documenting and tracking injuries and illnesses during calendar years 2014, 2013, 2012, 2011, 2010, and 2009.

Issued

Sep 11, 2014

Abate by

Sep 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:  On or about March 14, 2014, and at times prior thereto, employees operating milling equipment for limestone were voluntarily using dust masks to protect them from nuisance dust. They were not aware of the safety, health and hygiene factors that ensure the proper use of dust masks.