OSHA Inspection: FREEWAY MARBLE & GRANITE

Issued

Jul 13, 2016

Penalty

Initial $4,800 · Current $4,800

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)   Freeway Marble & Granite, 4301 Jason St., Denver, CO 80211: On and before April 19, 2016 the employer did not provide employees with medical evaluations prior to requiring the use of N95 respirators. This condition exposes employees to respiratory hazards associated with respirator use.     Abatement Note:  Abatement certification is not required for this item.    Freeway Marble & Granite was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.134(e)(1) which was contained in OSHA inspection number 895301, citation number 1, item number 2b and was affirmed as a final order on May 13, 2013, with respect to a workplace located at 4321 N Broadway, Denver, CO 80216.

Issued

Jul 13, 2016

Abate by

Dec 31, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(c):  Employees were exposed to crystalline silica, listed in Table Z-3, in excess of the Permissible Exposure Limit (PEL):      (a)   Freeway Marble & Granite, 4301 Jason St., Denver, CO 80211:  On April 26, 2016, Freeway Marble & Granite did not ensure that employee exposure to crystalline silica did not exceed the 8 hour Time Weighted Average (TWA). A polisher was exposed to crystalline silica at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 1.32 mg/m3.  The employee was exposed to crystalline silica at a concentration of 5.61 mg/m3 as an 8 hour TWA.  This is 4.3 times the PEL.  Air monitoring was conducted for 440 minutes. This condition exposes employees to hazards associated with silica exposure.    Freeway Marble & Granite was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.1000(c) which was contained in OSHA inspection number 895301, citation number 1, item number 2c and was affirmed as a final order on May 13, 2013, with respect to a workplace located at 4321 N Broadway, Denver, CO 80216.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jul 13, 2016

Abate by

Dec 31, 2016

Penalty

Initial $0 · Current $0

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 described in 29 CFR 1910.1000(a) through (d):      (a)   Freeway Marble & Granite, 4301 Jason St., Denver, CO 80211:  On April 26, 2016, Freeway Marble & Granite did not ensure that employee exposure to a substance listed in Table Z-3 did not exceed the 8 hour Time Weighted Average (TWA) for that substance.  An employee was fabricating granite countertops.  This process generated respirable silica dust. On April 26, one employee was exposed to respirable silica dust at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 1.32 mg/m3.  The employee was exposed to respirable silica dust at a concentration of 5.61 mg/m3 as an 8 hour TWA.  This is 4.3 times the PEL.  Air monitoring was conducted for 440 minutes. This condition exposes employees to respiratory hazards associated with silica exposure.     Freeway Marble & Granite was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.1000(e) which was contained in OSHA inspection number 895301, citation number 1, item number 2d and was affirmed as a final order on May 13, 2013, with respect to a workplace located at 4321 N Broadway, Denver, CO 80216.      Abatement Note:  Feasible engineering controls include, but are not limited to:      1)                  Local exhaust ventilation; and      2)                  Ensuring the general ventilation of the area is adequate, and      3)                  Automated stone cutting machines which removes the employee from exposure.               STEP 1:           Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.                                STEP 1 ABATEMENT (30 DAYS):  August 10, 2016               STEP 2:           Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to silica. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:      (a)    Evaluation of the extent and location of the hazard source      (b)   Evaluation of control measure options      (c)    Selection of optimum control measures      (d)   Determination of control measure design      (e)    Ordering and delivery of equipment      (f)    Installation of control measures      (g)   Training of employees in proper operation and maintenance of newly implemented control measures      (h)   Assurance of the effective performance of control measures      All proposed control measures shall be evaluated for each particular use but a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.       STEP 2 ABATEMENT DATE (60 DAYS): September 9, 2016      Step 3:             Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.       STEP 3 ABATEMENT DATE (90 DAYS): October 11, 2016    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Sample Abatement Certification Letter).

Issued

Jul 13, 2016

Abate by

Sep 2, 2016

Penalty

Initial $2,400 · Current $2,400

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)      Freeway Marble & Granite, 4301 Jason St., Denver, CO 80211:The employer has not adequately trained employees on the 2012 changes to this standard.     Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jul 13, 2016

Abate by

Sep 2, 2016

Penalty

Initial $1,200 · Current $800 Reduced

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):       (a)   Freeway Marble & Granite, 4301 Jason St., Denver, CO 80211: On and before April 19, 2016 the employer did not provide fit tests for employees required to wear Moldex N95 respirators.      Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jul 13, 2016

Abate by

Sep 2, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:          (a)      Freeway Marble & Granite, 4301 Jason St., Denver, CO 80211: The employer did not develop, implement, and maintain at the workplace specific written hazard communication program which describes how the specified in paragraphs (f), (g), and (h) of this section for labels of warning, safety data sheets, and employee information and training will be met. The employer did not update their program to reflect changes made to this standard in 2012.       Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").