OSHA Inspection: COSMIC SURFACES, INC.

Issued

Jun 24, 2014

Abate by

Aug 25, 2014

Penalty

Initial $2,800 · Current $1,400 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(c)(1):  A continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (n) was not instituted when employee noise exposures equaled or exceeded an 8-hour time-weighted average (TWA) sound level of 85 dBA:    An effective hearing conservation program which included noise monitoring, audiometric testing of employees and training of employees as detailed in the standard was not instituted by Cosmic Surfaces, Inc. dba Precision Stone design.    Note: The 8-hour TWA sound level of 85 dBA that triggers the requirement for a hearing conservation program (HCP) can be adjusted for work shifts less than or greater than 8 hours.  When making the adjustment, the following formula is used:  AL = 90 + 16.61log [50/12.5(hours)].  Affected employees were exposed to continuous noise levels over 9, 11, and 12-hour work shifts.  Therefore, the TWA sound level that triggers the requirement for a HCP was adjusted or reduced for the affected employees to 84.2 dBA (9-hour work shift), 82.7 dBA (11-hour work shift), and 82.1 dBA (12-hour work shift).    a) An employee performing fabrication of natural and engineered stone was exposed to continuous noise levels at 137.5% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 137.5% is approximately is 92.3 dBA.  The sampling was performed for 444 minutes during one 11-hour work shift on May 7, 2014.  Zero exposure was assumed for the unsampled period of time, 36 minutes.    b) An employee performing fabrication of natural and engineered stone was exposed to continuous noise levels at 112.3% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 112.3% is approximately is 90.8 dBA.  The sampling was performed for 444 minutes during one 11-hour work shift on May 7, 2014.  Zero exposure was assumed for the unsampled period of time, 36 minutes.      c) An employee operating a wet saw cutting natural and engineered stone was exposed to continuous noise levels at 72.47% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 72.47% is approximately is 87.8 dBA.  The sampling was performed for 449 minutes during one 12-hour work shift on May 7, 2014.  Zero exposure was assumed for the unsampled period of time, 31 minutes.    d) An employee performing fabrication of natural and engineered stone was exposed to continuous noise levels at 126.3% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 126.3% is approximately is 91.7 dBA.  The sampling was performed for 440 minutes during one 9-hour work shift on May 7, 2014.  Zero exposure was assumed for the unsampled period of time, 40 minutes.

Issued

Jun 24, 2014

Abate by

Jul 14, 2014

Penalty

Initial $2,100 · Current $1,050 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): 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) Cosmic Surfaces, Inc. dba Precision Stone Design did not ensure employees who voluntarily wore 3M half-face air-purifying respirators equipped with P100 filters were provided a medical evaluation, before the respirator was used, to determine if they were physically able to wear a respirator and perform their work.

Issued

Jun 24, 2014

Abate by

Jul 7, 2014

Penalty

Initial $700 · Current $350 Reduced

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:  a) Cosmic Surfaces, Inc. dba Precision Stone Design did not ensure voluntary users of Moldex 2200 N95 particulate respirators and 3M half-face air-purifying respirators equipped with P100 filters were provided with the information contained in Appendix D of the respiratory protection standard.

Issued

Jun 24, 2014

Abate by

Aug 11, 2014

Penalty

Initial $700 · Current $350 Reduced

Hazardous substances 03352280246090109685

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) Cosmic Surfaces, Inc. dba Precision Stone Design did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling of containers of hazardous chemicals; 2) Material safety data sheet availability; 3) Training of employees; 4) A complete list of hazardous chemicals known to be in the workplace; 5) Methods to inform employees of the hazards on non-routine tasks; and 6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.  Employees were exposed to hazardous chemicals, including marble, granite and engineered stone products (natural and engineered stone products contain silica, crystalline quartz), Sunnyside Acetone, Sunnyside Lacquer Thinner (contains toluene), GranQuartz Stone Care Systems 314 Premium Impregnator (contains naptha [petroleum]), Granite Tools Supply Stone Adhesives Transparent Knife Grade (contains styrene), and Catalyst Systems Cream Hardener (contains benzoyl peroxide).

Issued

Jun 24, 2014

Abate by

Jul 7, 2014

Penalty

Initial $700 · Current $350 Reduced

Hazardous substances 00402037

General-duty citation text

29 CFR 1910.1200(f)(5)(i): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein:  a) Cosmic Surfaces, Inc. dba Precision Stone Design did not ensure that in-plant containers used for Sunnyside Acetone, Granite Tools Supply Stone Adhesives Transparent Knife Grade (contains stryrene), and GranQuartz Stone Care Systems 314 Premium Impregnator (contains naptha [petroleum]) were labeled, tagged or marked with the identity of the hazardous chemical(s) they contained.

Issued

Jun 24, 2014

Abate by

Jul 29, 2014

Penalty

Initial $700 · Current $350 Reduced

Hazardous substances 00402037

General-duty citation text

29 CFR 1910.1200(f)(5)(ii): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the appropriate hazard warnings:    a) Cosmic Surfaces, Inc. dba Precision Stone Design did not ensure that in-plant containers used for Sunnyside Acetone and GranQuartz Stone Care Systems 314 Premium Impregnator (contains naptha [petroleum]) were labeled, tagged or marked with the appropriate hazard warnings.

Issued

Jun 24, 2014

Abate by

Aug 11, 2014

Penalty

Initial $700 · Current $350 Reduced

Hazardous substances 03352280246090109685

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical in use:  a) Cosmic Surfaces, Inc. dba Precision Stone Design did not maintain copies of material safety data sheets (MSDSs) for each chemical used in the workplace.  Affected employees were exposed to hazardous chemicals during natural stone fabrication, including marble and granite (naturall stone contains silica, crystalline quartzontains silica, crystalline quartz), Sunnyside Acetone, Sunnyside Lacquer Thinner (contains toluene), GranQuartz Stone Care Systems 314 Premium Impregnator (contains naptha [petroleum]), Granite Tools Supply Stone Adhesives Transparent Knife Grade (contains styrene), and Catalyst Systems Cream Hardener (contains benzoyl peroxide).

Issued

Jun 24, 2014

Abate by

Aug 11, 2014

Penalty

Initial $700 · Current $350 Reduced

Hazardous substances 03352280246090109685

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:  a) Cosmic Surfaces, Inc. dba Precision Stone Design did not provide information and training to employees exposed to hazardous chemicals during natural and engineered stone product fabrication, including marble, granite and engineered stone (natural and engineered stone products contain silica, crystalline quartz), Sunnyside Acetone, Sunnyside Lacquer Thinner (contains toluene), GranQuartz Stone Care Systems 314 Premium Impregnator (contains naptha [petroleum]), Granite Tools Supply Stone Adhesives Transparent Knife Grade (contains styrene), and Catalyst Systems Cream Hardener (contains benzoyl peroxide).  b) Cosmic Surfaces, Inc. dba Precision Stone Design did not provide information and training to employees exposed to hazardous chemicals during natural and engineered stone product fabrication, including marble, granite and engineered stone (natural and engineered stone products contain silica, crystalline quartz), Sunnyside Acetone, Sunnyside Lacquer Thinner (contains toluene), GranQuartz Stone Care Systems 314 Premium Impregnator (contains naptha [petroleum]), Granite Tools Supply Stone Adhesives Transparent Knife Grade (contains styrene), and Catalyst Systems Cream Hardener (contains benzoyl peroxide), received training by December 1, 2013, as required by the revised 2012 hazard communication standard, that included an explanation of the labels received on shipped containers and the workplace labeling system used by their employer, and the safety data sheet, including the order of information and how employee could obtain and use the appropriate hazard information.