OSHA Inspection: VALLEY BROOK CONCRETE & SUPPLY, INC.

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $2,000 · Current $1,200 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 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:     (a) Drum of Truck Number 309: An employee was exposed to occupational noise at 293.3% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 309 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 97.7 dBA. The employer did not include this employee in an effective and continuing Hearing Conservation Program, as determined on 02/04/2015.       (b) Drum of Truck Number 309: An employee was exposed to occupational noise at 430.8% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 318 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 100.5 dBA. The employer did not include this employee in an effective and continuing Hearing Conservation Program, as determined on 02/04/2015.       ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:   (a) Drum of Truck Number 309: An employee was exposed to occupational noise at 293.3% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 309 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 97.7 dBA. The employer provides hearing protection but did not develop and implement a monitoring program, as determined on 02/04/2015.     (b) Drum of Truck Number 309: An employee was exposed to occupational noise at 430.8% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 318 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 100.5 dBA. The employer provides hearing protection but did not develop and implement a monitoring program, as determined on 02/04/2015.     ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

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) Drum of Truck Number 309: An employee was exposed to occupational noise at 293.3% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 309 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 97.7 dBA. The employer did not establish and maintain an audiometric testing program for the employee, as determined on 02/04/2015.     (b) Drum of Truck Number 309: An employee was exposed to occupational noise at 430.8% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 318 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 100.5 dBA. The employer did not establish and maintain an audiometric testing program for the employee, as determined on 02/04/2015.     ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

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). The employer did not institute a training program and ensure employee participation in the program:   (a) Drum of Truck Number 309: An employee was exposed to occupational noise at 293.3% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 309 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 97.7 dBA. The employer did not provide training to employees on how to properly fit earplugs, the advantages and disadvantages of each, as determined on 02/04/2015.     (b) Drum of Truck Number 309: An employee was exposed to occupational noise at 430.8% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 318 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 100.5 dBA. The employer did not provide training to employees on how to properly fit earplugs, the advantages and disadvantages of each, as determined on 02/04/2015.     ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

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:   (a) Drum of Truck Number 309: An employee was exposed to occupational noise at 293.3% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 309 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 97.7 dBA. The employer has not made available to affected employees or their representatives copies of this standard nor did the employer post a copy in the workplace, as determined on 02/04/2015.     (b) Drum of Truck Number 309: An employee was exposed to occupational noise at 430.8% of the permissible daily noise exposure (eight hour time weighted average of 90 dBA at the 80 dB criterion level) during the 318 minute sampling period on 02/04/2015.  For a full eight hour shift this would be equivalent to an average sound level of 100.5 dBA. The employer has not made available to affected employees or their representatives copies of this standard nor did the employer post a copy in the workplace, as determined on 02/04/2015.     ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:    (a) Drum of Truck Number 309: The employer did not implement a respiratory protection program for employees who are required to wear a 3M, model 6200, negative pressure half face respirator with combination organic vapor cartridges for respiratory protection while chipping concrete, which contains silica, as observed on or about 02/04/2015.      ABATEMENT CERTIFICATION AND DOCUMENATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

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 employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:    (a) Drum of Truck Number 309: The employer did not provide a medical evaluation for employees who are required to wear a 3M, model 6200, negative pressure half face respirator with combination organic vapor cartridges for respiratory protection while chipping concrete, which contains silica, as observed on or about 02/04/2015.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    (a) Drum of Truck Number 309: The employer did not provide a fit test for employees who are required to wear a 3M, model 6200, negative pressure half face respirator with combination organic vapor cartridges for respiratory protection while chipping concrete, which contains silica, as observed on or about 02/04/2015.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $2,000 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:       (a) Drum of Truck Number 309: The employees are required to enter a permit required confined space to chip concrete, which contains silica, out of the mixing drums. The permit required confined entry points did not have a danger sign, as observed on or about 01/29/2015.       ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:    (a) Drum of Truck Number 309: The employees are required to enter a permit required confined space to chip concrete, which contains silica, out of the mixing drums. The employer did not provide training on permit required confined spaces, as determined on or about 01/29/2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(i): The employer did not ensure that each attendant was trained to perform the duties required by (i)(1)-(10) of this section (29 CFR 1910.146):    (a) Drum of Truck Number 309: The employees are required to perform attendant duties for entrants that enter into a permit required confined space to chip concrete, which contains silica, out of the mixing drums.  The employer did not provide training to employees on attendant duties for permit required confined space entries, as determined on or about 01/29/2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,600 · Current $960 Reduced

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:      (a) Drum of Truck Number 309: The employees are required to enter a permit required confined space to chip concrete, which contains silica, out of the mixing drums. The employer did not implement a written permit space entry program which contains the applicable elements of 1910.146(d)(1-14), as determined on or about 01/29/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(5)(i): The employer did not test conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized:  (a) Drum of Truck Number 309: The employees are required to enter a permit required confined space to chip concrete, which contains silica, out of the mixing drums. The employer uses a large fan placed at the entrance of the confined space. The internal atmosphere was not tested to ensure the employees had Grade D breathable air before entry as observed on or about 01/29/2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:  (a) Drum of Truck Number 309: The employees are required to enter a permit required confined space to chip concrete, which contains silica, out of the mixing drums. The employer did not prepare an entry permit, as observed on or about 01/29/2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $2,000 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.1000(c): Employees were exposed to crystalline silica (quartz), listed in Table Z-3, in excess of the 8-hour Time-Weighted Average concentrations listed for those materials:      (a) Drum of Truck Number 309: On February 4, 2015 and times prior to, an employee was conducting chipping operations inside the mixing drum of an International Paystar 5000 cement truck. The employee was exposed to 22% Crystalline Silica (Quartz) at an 8 hour Time Weighted Average 2.068 milligrams per cubic meter of air, which is approximately 5 times the Permissible Exposure Limit for Crystalline Silica of .417 milligrams per cubic meter of air. The exposure level is derived from one sample taken over a 302 minute time period; calculations include a zero value for the 178 minutes not sampled.      (b) Drum of Truck Number 309: On February 4, 2015 and times prior to, an employee was conducting chipping operations inside the mixing drum of an International Paystar 5000 cement truck. The employee was exposed to 19% Crystalline Silica (Quartz) at an 8 hour Time Weighted Average 5.936 milligrams per cubic meter of air, which is approximately 12 times the Permissible Exposure Limit for Crystalline Silica of .476 milligrams per cubic meter of air. The exposure level is derived from one sample taken over a 310 minute time period; calculations include a zero value for the 170 minutes not sampled.      ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $2,800 · Current $1,680 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) Valley Brook Concrete, Inc., Leon WV: The employer had not implemented and maintained a written chemical hazard communication program for employees who use hazardous chemicals included, but not limited to, silica from concrete chipping operations and Diesel Fuel, which contains Naphthalene, and as determined on 01/29/2015.      ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Apr 24, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(b)(2): Each exit was not clearly visible and marked by a sign reading "Exit":     (a) Garage Exit Door: An employee works in the Garage repairing vehicles. The exit door has not been marked by a sign to read Exit, as observed on or about 01/29/2015.    (b) Lunch Room Exit Door: Employees take breaks in the Lunch Room. The exit door has not been marked by a sign to read Exit, as observed on or about 01/29/2015.      ABATEMENT CERTIFICATION REQUIRED