OSHA Inspection: EBEN- EZER MARBLE AND GRANITE

Issued

2017-09-15 00:00:00

Penalty

Initial $2716.00 · Current $3803.00

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(d)(1): A representative monitoring program was not developed and implemented when information indicated that an employee's exposure may equal or exceed an 8 hour time weighted average of 85dBA.    A representative monitoring program was not developed for employees with the following exposures:      a) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Level).  The employee's dosimeters dBA level was 116.5% of the permissible level (90dBA) and was equivalent to approximately 91.1 dBA. The sampling was performed for 477 during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.     b) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Level).  The employee's dosimeters dBA level was 152.3% of the permissible level (90dBA) and was equivalent to approximately 93.0 dBA. The sampling was performed for 452 minutes during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.     c) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Action Level).  The employee's dosimeters dBA level was 67.52% of the action level (85dBA) and was equivalent to approximately 87.0 dBA. The sampling was performed for 462 minutes during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.

Issued

2017-09-15 00:00:00

Abate by

2017-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(g)(1): An audiometric testing program was not established and maintained for all employees whose noise exposure equaled or exceeded an 8 hour time weighted average (TWA) of 85 dBA:   An audiometric testing program was not developed for employees with the following exposures:  a) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Level).  The employee's dosimeters dBA level was 116.5% of the permissible level (90dBA) and was equivalent to approximately 91.1 dBA. The sampling was performed for 477 during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.   b) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Level).  The employee's dosimeters dBA level was 152.3% of the permissible level (90dBA) and was equivalent to approximately 93.0 dBA. The sampling was performed for 452 minutes during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.   c) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Action Level).  The employee's dosimeters dBA level was 67.52% of the action level (85dBA) and was equivalent to approximately 87.0 dBA. The sampling was performed for 462 minutes during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

2017-09-15 00:00:00

Penalty

Initial $2716.00 · Current $0.00 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(k)(1): A training program was not instituted for all employees who were exposed to noise at or above an 8 hour time weighted average (TWA) of 85 dBA:    A training program was not developed for employees with the following exposures:      a) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Level).  The employee's dosimeters dBA level was 116.5% of the permissible level (90dBA) and was equivalent to approximately 91.1 dBA. The sampling was performed for 477 during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.     b) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Level).  The employee's dosimeters dBA level was 152.3% of the permissible level (90dBA) and was equivalent to approximately 93.0 dBA. The sampling was performed for 452 minutes during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.     c) Production Floor:  An employee grinding/cutting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Action Level).  The employee's dosimeters dBA level was 67.52% of the action level (85dBA) and was equivalent to approximately 87.0 dBA. The sampling was performed for 462 minutes during one shift on 6/21/2017. Zero exposure was assumed for all unsampled time periods.

Issued

2017-09-15 00:00:00

Penalty

Initial $3803.00 · Current $2657.00 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 1910.134(c)(1)(i)-(ix) with worksite specific procedures was not established and implemented for required respirator use:     a) Production floor: A site specific written respiratory protection program that includes, but not limited to training, storage, and maintenance of respirators was not established for employees wearing respirators when cutting marble/granite as of 4/4/17.

Issued

2017-09-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 was required to use the respirator in the workplace:  a) Facility: The Employer did not ensure that operator(s) that are required to wear tight-fitting negative pressure respirators during granite/marble cutting operations were provided a medical evaluation prior to their use of respirators as of 4/4/2017.

Issued

2017-09-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting face piece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a) Facility: The Employer did not conduct annual fit testing for employees that wear half faced respirators or ensure that they would be fit tested annually thereafter as observed on 4/4/17.

Issued

2017-09-15 00:00:00

Abate by

2017-11-22 00:00:00

Penalty

Initial $3803.00 · Current $2657.00 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(d)(1): The employer did not select an appropriate respirator in the workplace, identify relevant workplace and user factors, and base respirator selection on these factors.     The employer did not provide an appropriate respirator to employees with the following exposure to silica:    a) Facility:  An employee that was grinding and cutting granite & marble containing 32% silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 5.882 mg/m3, which was 18 times the calculated permissible exposure limit (PEL) of 0.313 mg/m3. The sampling was conducted for 362 minutes during one shift on 5/11/2017. Zero exposure was assumed for the unsampled period of time. The employee was wearing a half mask respirator that provided a protection factor of 10.     NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

2017-09-15 00:00:00

Abate by

2017-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1000(c): Employee(s) were exposed to respirable silica (crystalline quartz) in excess of the 8-hour time weighted average limit listed in Table Z-3, and calculated based on the percentage of silica using the formula in Table Z-3:     a) Facility:  An employee grinding and cutting marble & granite containing 30% silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 5.882 mg/m3, which was 18 times the calculated permissible exposure limit (PEL) of 0.313 mg/m3. The sampling was conducted for 362 minutes during one shift on 5/11/2017. Zero exposure was assumed for the unsampled period of time.      b) Facility:  An employee grinding and cutting marble & granite containing 31% silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 0.701 mg/m3, which was 2 times the calculated permissible exposure limit (PEL) of 0.303 mg/m3. The sampling was conducted for 358 minutes during one shift on 5/11/2017. Zero exposure was assumed for the unsampled period of time.       NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

2017-09-15 00:00:00

Abate by

2017-11-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) and protective equipment or any other protective measures are not used to keep the exposure of employee to air contaminants within the limits prescribed:    Administrative and Engineering controls were not implemented for employees with the following exposures:    a) Facility:  An employee grinding and cutting granite & marble containing 32% silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 5.882 mg/m3, which was 18 times the calculated permissible exposure limit (PEL) of 0.313 mg/m3. The sampling was conducted for 362 minutes during one shift on 5/11/2017. Zero exposure was assumed for the unsampled period of time.     b) Facility: An employee grinding and cutting granite & marble containing 32% silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 0.701 mg/m3, which was 2 times the calculated permissible exposure limit (PEL) of 0.303 mg/m3. The sampling was conducted for 358 minutes during one shift on 5/11/2017. Zero exposure was assumed for the unsampled period of time.     NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

2017-09-15 00:00:00

Abate by

2018-01-12 00:00:00

Penalty

Initial $2173.00 · Current $1522.00 Reduced

General-duty citation text

29 CFR 1910.178(a)(4): Modifications and additions which affect capacity and safe operation of powered industrial trucks were performed by the employer without the manufacturer's prior written approval:    a) Facility:  The Toyoto propane powered forklift used a grapple attachment without the  forklift manufacturer's written approval,  on 5/11/2017.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

2017-09-15 00:00:00

Abate by

2018-01-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):    a)  Facility: The Employer did not ensure that powered industrial truck operator(s) were provided training as observed on 4/4/17.      NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

2017-09-15 00:00:00

Penalty

Initial $3803.00 · Current $2657.00 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer had not developed or implemented a written hazard communication program which describes how the criteria in 29 CFR 1910.1200 (f), (g), and (h) will be met:       a) Facility: The Employer did not develop a written hazard communication program for employees working with WD-40 and exposure to Silica Dust from grinding and cutting operations when requested on 4/4/2017.

Issued

2017-09-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training as specified in 29 CFR 1910.1200(h)(2) and (3) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:   a) Facility: Employees exposed to hazardous chemicals which include, but not limited to WD-40 and Silica dust did not receive site specific training of the risks associated with products handled or exposed to during granite/marble cutting operations onsite on 5/11/2017.