OSHA Inspection: ATLANTA KITCHEN LLC

Issued

Aug 6, 2019

Abate by

Aug 30, 2019

Penalty

Initial $9,472 · Current $5,000 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)Atlanta Kitchen Inc., Decatur, GA - On or about 03/12/19, and times prior to, in the fabrications area, employee's polishing granite counter tops was exposed to noise at a time-weighted average (TWA) of 92.7 dBA, exceeding the action level of 85 dBA. An annual audiometric testing program was not maintained.    b)Atlanta Kitchen Inc., Decatur, GA - On or about 03/12/19, and times prior to, in the saw area, employee's operating the GMM machine was exposed to noise at a time-weighted average (TWA) of 89.4 dBA, exceeding the action level of 85 dBA. An annual audiometric testing program was not maintained.    c)Atlanta Kitchen Inc., Decatur, GA - On or about 03/12/19, and times prior to, in the saw area, employee's operating the CNC machine was exposed to noise at a time-weighted average (TWA) of 88.5 dBA, exceeding the action level of 85 dBA. An annual audiometric testing program was not maintained.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Aug 30, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(k)(2): The training program was not repeated annually for each employee included in the hearing conservation program:  a)Atlanta Kitchen Inc., Decatur, GA - On or about 03/12/19, and times prior to, in the fabrications area, employee's polishing granite counter tops was exposed to noise at a time-weighted average (TWA) of 92.7 dBA, exceeding the action level of 85 dBA. Annual noise training was not maintained and documented.  b)Atlanta Kitchen Inc., Decatur, GA - On or about 03/12/19, and times prior to, in the saw area, employee's operating the GMM machine was exposed to noise at a time-weighted average (TWA) of 89.4 dBA, exceeding the action level of 85 dBA.  Annual noise training was not maintained and documented.  c)Atlanta Kitchen Inc., Decatur, GA - On or about 03/12/19, and times prior to, in the saw area, employee's operating the CNC machine was exposed to noise at a time-weighted average (TWA) of 88.5 dBA, exceeding the action level of 85 dBA. Annual noise training was not maintained and documented.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Aug 30, 2019

Penalty

Initial $7,576 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.136(a): The employer did not ensure that each affected employee used protective footwear when working in areas where there was a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee's feet were exposed to electrical hazards:    Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and time prior to, employees in the material handling and polishing area manually transferring granite slabs weighing greater than 300 pounds exposing employees to foot injuries. The employer did not ensure that employees were wearing foot protection. and training had not been conducted.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $13,260 · Current $7,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(c): The employer did not ensure that no employee was exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:    a)Atlanta Kitchens, LLC-Decatur, GA- On or about May 16, 2019, and times prior to, an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled.     b)Atlanta Kitchens, LLC-Decatur, GA- On or about May 16, 2019, and times prior to, an employee assisting with dry grinding and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Nov 5, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(1): The employer did not ensure engineering and work practice controls are present and appropriate, unless the employer can demonstrate that such controls are not feasible:  Atlanta Kitchens, LLC-Decatur, GA- On or about May 16, 2019, and times prior to, the employer had not established procedures to prevent or fix malfunctions that would result in increased exposures  (e.g., inspections of booth for damages and gaps to maintain silica dust inside the booth). Also, the employer had not investigated work practice controls such as the use of water to control dust and/or the positioning of local exhaust hoods:  a) an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled.   b)an employee assisting with dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Aug 30, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(g)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134.  Atlanta Kitchens, LLC-Decatur, GA- On or about May 16, 2019, and times prior to, the written respiratory protection program did not include proper filters for silica, change schedule, storage, jobs descriptions, etc.  Employees were using organic vapor cartridges respirable for silica, and respirators were stored on a nail in the dry polishing area:  a) an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled.   b) an employee assisting with dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:   Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19 , and times prior to, employees dry polishing granite counter tops were provided and required to wear tight fitting half mask respirators for protection against silica dust. Employees were using organic vapor cartridges for protection against silica. The employer did not ensure that employees were using the correct cartridge.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:  Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19 , and times prior to, employees dry polishing granite counter tops were provided and required to wear tight fitting half mask respirators for protection against silica dust. A medical evaluation was not performed prior to requiring employees to wear the respirators.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:  Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19 , and times prior to, employees dry polishing granite counter tops were provided and required to wear tight fitting half mask respirators for protection against silica dust.  Annual fit testing was not performed and/or documented.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees dry polishing granite counter tops were provided and required to wear tight fitting half mask respirators for protection against silica dust.  Respirators were stored on a nail in the dry fabricating area, and were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:  Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees dry polishing granite counter tops were provided and required to wear tight fitting half mask respirators for protection against silica dust.  Respirators were stored on a nail in the dry fabricating area. Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k)(1): The employer shall ensure that each employee who are required to use respirators has been properly trained:  Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19 , and times prior to, employees dry polishing granite counter tops were provided and required to wear tight fitting half mask respirators for protection against silica dust. Adequate respirator re-training had not been conducted or documented in that employees were wearing a respirator over a hat that interfered with the sealing surface of the respirator.  Another employee was wearing an organic vapor respirator for silica dust.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $9,472 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(d)(1): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this section:    a)Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees polishing, cutting, and buffing granite counter tops that contains 20%-50% silica. The employer had not conducted monitoring to determine employees exposure to respirable crystalline silica and/or monitoring has to be repeated every three to six months until two consecutive measurements, taken 7 or more days apart, are below the action level.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $9,472 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL:    a)Atlanta Kitchen Inc., Decatur, GA - On or about May 16, 201919, and times prior to, employees were required to dry polish granite counter tops that contain silica. The employer had not established a regulated area while polishing, in that, the silica dust cloud generated from dry polishing was being released into the production area. The employer did not establish an adequate regulated area (signage, demarcation, and containment of dust):    a) an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled.     b)an employee assisting with dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $9,472 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(2)(I): The employer did not ensure develop a written Exposure Control Program (ECP) was developed:    Atlanta Kitchens, LLC-Decatur, GA- On or about May 16, 2019, and times prior to, the employer had not developed a written exposure control plan:    a) an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled.     b)an employee assisting with dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Aug 6, 2019

Abate by

Aug 16, 2019

Penalty

Initial $9,472 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(h)(1): The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure were feasible and/or allowed the use of compressed air to clean, without the use of a ventilation system that effectively captures the dust cloud created by the compressed air:    a)Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees were required to dry polishing granite counter tops that contains 20%-50% silica. The employer allowed dry sweeping with a broom to clean the floors creating silica dust.     b)Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees were using compressed air to clean clothing, equipment, and machinery from dry granite dust containing silica and the compressed air was not used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air, as required by 1910.0153(h)(2).     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $9,472 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer did not  ensure that each employee covered by this section can demonstrate knowledge and understanding of respirable crystalline silica hazards and controls:    Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees wet and dry polishing, used compressed air to clean silica dust and granite counter tops that contains 20%-50% silica.  Information and training under the new globally harmonized system (GHS) such as, but not limited to task in the workplace that generate respirable silica dust hazards, measures used to protect employees from exposures to respirable crystalline silica hazards, work practice controls, respirators, medical surveillance program (Cancer, lung effects, immune system effects, and kidney effects), and engineering controls.     b) Atlanta Kitchen Inc., Decatur, GA - On or about 2/12/19, and times prior to, employees were using compressed air to clean clothing, equipment, and machinery from dry granite dust containing silica and the compressed air was not used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air.     NOTE: This training should include machine operators, maintenance employees and polishers. Employees did not demonstrate knowledge of the hazards and health effects of silica.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Abate by

Sep 23, 2019

Penalty

Initial $9,472 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(i)(1)(i):The employer did not  make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who will be occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year.    Atlanta Kitchens, LLC-Decatur, GA- On or about May 16, 2019, and times prior to, the employer did not provide medical surveillance for employees exposed to respirable silica above the action level for 30 or more days:    a) an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled.     b) an employee assisting with dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled.      In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 6, 2019

Penalty

Initial $1,895 · Current $1,000 Reduced

General-duty citation text

29 CFR 1904.32(b)(5): The employer did not post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted:    Atlanta Kitchens, Decatur, GA- On or about February 12, 2019, the employer did not post a copy of the OSHA 300A form.