OSHA Inspection: DIAZ STONE AND PALLET, INC.

Issued

Jun 12, 2017

Penalty

Initial $2,897 · Current $2,030 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:    a) Diaz Stone: An employee, Tread Line Saw Operator, was exposed to continuous noise at 248% of the exposure level of 90 dBA or an 8-hour time-weighted average of 96.6 dBA.  This exposure was observed over a 453 minute sampling period.  Zero exposure was assumed for the 27 minutes not sampled.  The employer did not maintain an audiometric testing program for those employees exposed over the action level of 85 dBA, as discovered on or about 03/30/2017.    b) Diaz Stone: An employee, Stone Thermaller, was exposed to continuous noise at 368% of the exposure level of 90 dBA or an 8-hour time-weighted average of 99.4 dBA.  This exposure was observed over a 434 minute sampling period.  Zero exposure was assumed for the 46 minutes not sampled.  The employer did not maintain an audiometric testing program for those employees exposed over the action level of 85 dBA, as discovered on or about 03/30/2017.    c) Diaz Stone: An employee, Wizard Saw and Chop Saw Operator, was exposed to continuous noise at 145% of the exposure level of 90 dBA or an 8-hour time-weighted average of 92.7 dBA.  This exposure was observed over a 426 minute sampling period.  Zero exposure was assumed for the 54 minutes not sampled.  The employer did not maintain an audiometric testing program for those employees exposed over the action level of 85 dBA, as discovered on or about 03/30/2017.    ABATED DURING INSPECTION  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jun 12, 2017

Penalty

Initial $0 · Current $0

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):  a) Diaz Stone: An employee, Tread Line Saw Operator, was exposed to continuous noise at 248% of the exposure level of 90 dBA or an 8-hour time-weighted average of 96.6 dBA.  This exposure was observed over a 453 minute sampling period.  Zero exposure was assumed for the 27 minutes not sampled.  The employer did not maintain a noise training program for those employees exposed over the action level of 85 dBA, as discovered on or about 03/30/2017.  b) Diaz Stone: An employee, Stone Thermaller, was exposed to continuous noise at 368% of the exposure level of 90 dBA or an 8-hour time-weighted average of 99.4 dBA.  This exposure was observed over a 434 minute sampling period.  Zero exposure was assumed for the 46 minutes not sampled.  The employer did not maintain a noise training program for those employees exposed over the action level of 85 dBA, as discovered on or about 03/30/2017.  c) Diaz Stone: An employee, Wizard Saw and Chop Saw Operator, was exposed to continuous noise at 145% of the exposure level of 90 dBA or an 8-hour time-weighted average of 92.7 dBA.  This exposure was observed over a 426 minute sampling period.  Zero exposure was assumed for the 54 minutes not sampled.  The employer did not maintain a noise training program for those employees exposed over the action level of 85 dBA, as discovered on or about 03/30/2017.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jun 12, 2017

Abate by

Jul 17, 2017

Penalty

Initial $4,346 · Current $3,080 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not establish and implement a written respiratory protection program with worksite-specific procedures when respirators were necessary to protect the health of the employee(s):    a) Diaz Stone: An employee, Tread Line Saw Operator, was exposed to respirable crystalline silica (quartz) at an 8-hour time-weighted average of 0.6490 milligrams per cubic meter of air, approximately 1.9 times the calculated Permissible Exposure Limit of 0.3506 milligrams per cubic meter of air.  Sampling was performed for 454 minutes on March 30, 2017.  Zero exposure was assumed for the 26 minutes not sampled.  The employer did not establish and implement a respiratory protection program for employees that were overexposed to crystalline silica.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED      ABATEMENT NOTE:    The written respiratory protection program should include the following, as applicable:    1. The procedures for selecting respirators for use in the workplace;    2. Medical evaluations of employees required to use respirators;    3. Fit testing procedures for tight fitting respirators;    4. Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;    5. Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;    6. Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;    7. Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;     8. Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and    9. Procedures for regularly evaluating the effectiveness of the program.

Issued

Jun 12, 2017

Abate by

Sep 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1000(c): An employee(s) was exposed to respirable crystalline silica (quartz) in excess of the 8-hour time weighted average limit calculated using the equation listed in Table Z-3:  a) Diaz Stone: An employee, Tread Line Saw Operator, was exposed to respirable crystalline silica (quartz) at an 8-hour time-weighted average of 0.6490 milligrams per cubic meter of air, approximately 1.9 times the calculated Permissible Exposure Limit of 0.3506 milligrams per cubic meter of air.  Sampling was performed for 454 minutes on March 30, 2017.  Zero exposure was assumed for the 26 minutes not sampled.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Jun 12, 2017

Abate by

Sep 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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):  a) Diaz Stone: An employee, Tread Line Saw Operator, was exposed to respirable crystalline silica (quartz) at an 8-hour time-weighted average of 0.6490 milligrams per cubic meter of air, approximately 1.9 times the calculated Permissible Exposure Limit of 0.3506 milligrams per cubic meter of air.  Sampling was performed for 454 minutes on March 30, 2017.  Zero exposure was assumed for the 26 minutes not sampled.  The employer did not implement feasible administrative and/or engineering controls to reduce employee exposure levels to below the calculated Permissible Exposure Limit for crystalline silica (quartz).  ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED   GENERAL METHODS OF CONTROL APPLICABLE IN THESE CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:  - Utilize local exhaust ventilation to capture the cloud of vapor/dust on the working side of the tread line saw.  The ventilation should be installed as close to the saw as feasible and in a manner that prevents the cloud of vapor/dust from entering the employees breathing zone.    - Install an appropriate exhaust fan on the wall side of the tread line saw to exhaust the cloud of vapor/dust produced during stone cutting.  The exhaust fan will need to be listed for use in wet locations and to exhaust water vapors.   - Utilize fans to blow away the cloud of vapor/dust before it enters the tread line operators breathing zone.    - Lower the enclosure guard around the blade on the tread line saw blade to as close to the stone as is feasible.  Lowering the guard will prevent the vapor/dust cloud from exhausting directly at employees.  - Continue to utilize wet cutting methods in addition to other dust control measures.  - Train employees not to stand directly at the saw during active cutting.     Abatement Schedule:  Step 1.  Effective respiratory protection shall be provided to 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 permissible exposure limits.  Step 2.  A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances as referenced in this citation.  This plan shall include, at a minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation:  (1)  Evaluation of engineering/administrative control options; (2)  Selection of optimum control methods and completion of design; (3)  Procurement, installation, and operation of selected control measures; (4)  Testing and acceptance or modification/redesign of controls.    All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person.  45-day progress reports are required during the abatement period.  Step 3.  Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.  Date by which violation must be abated:  Step 1  00/00/00 Date by which violation must be abated:  Step 2  00/00/00 Date by which violation must be abated:  Step 3  00/00/00

Issued

Jun 12, 2017

Abate by

Jul 17, 2017

Penalty

Initial $5,070 · Current $3,650 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:    a) Diaz Stone: The tread line saw blade was not fully guarded to protect employees from an amputation hazard, as discovered on or about 03/07/2017.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Jun 12, 2017

Abate by

Jul 17, 2017

Penalty

Initial $4,346 · Current $3,040 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):    a) Diaz Stone: Employees worked with hazardous chemicals, including, but not limited to, bluestone, and the safety data sheets for the chemicals were not accessible at the worksite, as discovered on or about 03/07/2017.     ABATEMENT CERTIFICATION REQUIRED

Issued

Jun 12, 2017

Abate by

Jul 17, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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) Diaz Stone: Employees were overexposed to crystalline silica (quartz) and did not receive training on the hazards associated with silica dust exposure and other hazardous chemicals in their work area, as discovered on or about 03/07/2017.   ABATEMENT CERTIFICATION REQUIRED