OSHA Inspection: STONEMODE GRANITE, LLC

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $2,842 · Current $2,000 Reduced

Hazardous substances 8111

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) In the fabrication room, a stone countertop fabricator was exposed to noise levels at 95.79% of the permissible 8-hour TWA (90 dBA).  The equivalent dBA level of 95.79% is approximately 89.6 dBA.  Sampling was performed for 480 minutes during one shift.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $0 · Current $2,400

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:    (a) In the fabrication room, employees were required to wear half-mask elastomeric facepiece respirators during stone countertop fabrication and the employer did not establish and implement a written respiratory protection program with worksite specific procedures.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

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) In the fabrication room, employees who fabricated stone countertops were required by the employer to wear half-mask elastomeric facepiece respirators without first being medically evaluated to determine their fitness to wear the respirators.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, make or model) was used, and at least annually thereafter:    (a) In the fabrication room, employees who fabricated stone countertops wore half-mask elastomeric facepiece respirators without first being fit tested.

Issued

Oct 11, 2019

Abate by

Feb 28, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) In the fabrication room, an employee who fabricated stone countertops wore a tight-fitting elastomeric facepiece respirator with facial hair that came between the sealing surface of the facepiece and the face.

Issued

Oct 11, 2019

Abate by

Feb 28, 2020

Penalty

Initial $0 · Current $0

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) In the fabrication room, an employee who fabricated stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 72 micrograms per cubic meter (ug/m3) of air, approximately 1.4 times the permissible exposure limit of 50 ug/m3.  Sampling was performed for 480 minutes during one shift.

Issued

Oct 11, 2019

Abate by

Feb 28, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1053(f)(1): The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible:    (a) In the fabrication room, engineering and work practice controls were not used to reduce and maintain employee exposure to respirable crystalline silica to or below the permissible exposure limit during stone countertop fabrication.  On or about June 28, 2019, an employee who fabricated stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 72 micrograms per cubic meter (ug/m3) of air, approximately 1.4 times the permissible exposure limit of 50 ug/m3.  Sampling was performed for 480 minutes during one shift.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1053(g)(2): Where respirator use was required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:    (a) In the fabrication room, an employee who fabricated stone countertops was exposed to respirable crystalline silica above the permissible exposure limit and the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134.

Issued

Oct 11, 2019

Abate by

Feb 28, 2020

Penalty

Initial $3,978 · Current $2,400 Reduced

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) In the fabrication room, the employer did not assess the exposure of each employee who was or could have been reasonably expected to be exposed to respirable crystalline silica at or above the action level during stone countertop fabrication.  On or about June 28, 2019, an employee who fabricated stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 72 micrograms per cubic meter (ug/m3) of air, which is greater then the action level of 25 ug/m3 and the permissible exposure limit of 50 ug/m3.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $3,978 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1053(e)(2)(ii): The employer failed to post signs at all entrances to regulated areas:    (a) At entrances to the fabrication room, the employer did not post the required signage that included the following language: DANGER - RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER -  CAUSES DAMAGE TO LUNGS - WEAR RESPIRATORY PROTECTION IN THIS AREA - AUTHORIZED PERSONNEL ONLY.  On or about June 28, 2019, an employee who fabricated stone countertops in the fabrication room was exposed to respirable crystalline silica above the permissible exposure limit.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1053(j)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200).  The employer did not ensure that each employee had access to safety data sheets, and was trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer did not ensure that at least the following hazards were addressed: Cancer, lung effects, immune system effects, and kidney effects:    (a) In the fabrication room, an employee was exposed to respirable crystalline silica during stone countertop fabrication and the employer did not include respirable crystalline silica in a hazard communication program.  The employee did not have access to safety data sheets and was not trained on the contents of the silica standard, 29 CFR 1910.1053, and the health hazards of silica, including cancer, lung effects, immune system effects, and kidney effects.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1053(j)(2): The employer did not post signs at all entrances to regulated areas that bear the following legend:   DANGER - RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER -  CAUSES DAMAGE TO LUNGS - WEAR RESPIRATORY PROTECTION IN THIS AREA - AUTHORIZED PERSONNEL ONLY:    (a) At entrances to the fabrication room, the employer did not post the required signage.  On or about June 28, 2019, an employee who fabricated stone countertops in the fabrication room was exposed to respirable crystalline silica above the permissible exposure limit.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $0 · Current $0

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) The employer did not develop, implement, and maintain a written hazard communication program for employees who were exposed to hazardous chemicals during stone countertop manufacturing including, but not limited to, respirable crystalline silica.

Issued

Oct 11, 2019

Abate by

Feb 28, 2020

Penalty

Initial $2,842 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:    (a) In the fabrication room, employees were exposed to respirable crystalline silica during stone countertop fabrication and the employer did not establish a written exposure control plan that included the following: a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.

Issued

Oct 11, 2019

Abate by

Dec 31, 2019

Penalty

Initial $3,978 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1053(i)(1)(i): The employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:    (a) The employer did not make medical surveillance available to an employee who fabricated stone countertops and was exposed to respirable crystalline silica above the action level.  On or about June 28, 2019, an employee who fabricated stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 72 micrograms per cubic meter (ug/m3) of air, which is greater than the action level of 25 ug/m3 and the permissible exposure limit of 50 ug/m3.