OSHA Inspection: MARBLE BUILDER DIRECT INTERNATIONAL, INC.

Issued

Mar 3, 2020

Abate by

Apr 17, 2020

Penalty

Initial $325 · Current $325

General-duty citation text

29 CFR 1903.19(d)(1): The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  The employer failed to provide documentation demonstrating the abatement methods and completion as cited in the following citations:  Citation 1, Item 1a, 1910.178(a)(5) Citation 1, Item 1b, 1910.178(l)(1)(i) Citation 1, Item 2a, 1910.242(b) Citation 1, Item 2b, 1910.1053(h)(2)(ii) Citation 1, Item 3a, 1910.305(a)(2)(x) Citation 1, Item 3b, 1910.305(g)(1)(iv)(A) Citation 1, Item 4a, 1910.1053(c) Citation 1, Item 4b, 1910.1053(f)(1) Citation 1, Item 4c, 1910.1053(i)(1)(i) Citation 1, Item 4d, 1910.1053(j)(2) Citation 1, Item 4e, 1910.1053(j)(3)(i) Citation 1, Item 4f, 1910.1053(j)(3)(ii) Citation 2, Item 1,  1910.95(c)(1) Citation 2, Item 2a, 1910.134(c)(1) Citation 2, Item 2b, 1910.134(e)(1) Citation 2, Item 2c, 1910.134(f)(2) Citation 2, Item 2d, 1910.134(k)(1)(ii) Citation 2, Item 3, 1910.1053(f)(2)(i) Citation 2, Item 4a, 1910.1200(e)(1) Citation 2, Item 4b, 1910.1200(h)(1) Citation 2, Item 4c, 1910.1053(j)(1) Citation 3, Item 1, 1910.106(e)(9)(iii)

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $2,841 · Current $2,841

General-duty citation text

29 CFR 1910.178(a)(5): The powered industrial truck was equipped with front-end attachments other than factory installed attachments, however the employer did not request that the truck be marked to identify the attachments and show the approximate weight of the truck and attachment combination at maximum elevation with load laterally centered:  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, Ohio 44134, the employer failed to ensure that the Yale PG Powered Industrial Truck (SN E187V09222W) equipped with a non-factory installed front end clamp attachment, was marked and identified with the attachments showing the approximate weight of the truck and attachment combination at maximum elevation with load laterally centered.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, Ohio 44134, the employer failed to ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely as demonstrated by the successful completion of the training and evaluation as specified in the standard, when employees operated the Yale PG Powered Industrial Truck (SN E187V09222W) to move slabs of stone through the facility.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $2,842 · Current $2,842

Hazardous substances 9015

General-duty citation text

29 CFR 1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:  On, or about, September 27, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, compressed air used for cleaning purposes was not reduced to less than 30 p.s.i. when used to clean clothing surfaces.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

General-duty citation text

29 CFR 1910.1053(h)(2)(ii): The employer allowed compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica without demonstrating that no feasible alternative method is available:  On, or about, September 27, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer allowed employees to use compressed air to clean respirable crystalline silica off of clothing surfaces, without demonstrating that no feasible alternative cleaning method is available.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $1,705 · Current $1,705

General-duty citation text

29 CFR 1910.305(a)(2)(x): Flexible cords and cables were not protected from accidental damage, as might be caused, for example, by sharp corners, projections, and doorways or other pinch points:  On, or about, September 26, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, orange flexible cords used to energize the electric overhead door opener, were attached to the building and exposed to sharp corners when wrapped around pipes and corners of the building structure.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:  On, or about, September 26, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, orange flexible cords used to energize the electric overhead door openers were used as a substitute for the fixed wiring.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $2,842 · Current $2,842

Hazardous substances 9015

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 Time-Weighted Average (TWA):  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, 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 when employees were exposed to respirable crystalline silica while fabricating stone countertops.  a) On September 26, 2019, an employee fabricating a stone countertop, while using hand cutting and polishing tools was exposed to respirable dust containing crystalline silica at 310 ug/m3, which is 6.16 times the permissible exposure limit(PEL) of 50 ug/m3.  Exposure calculations include a zero exposure increment for the 105 minutes not sampled.    b) On September 26, 2019, an employee fabricating a stone countertop, while using hand polishing tools was exposed to respirable dust containing crystalline silica at 68 ug/m3, which is 1.36 times the permissible exposure limit (PEL) of 50 ug/m3.  Exposure calculations include a zero exposure increment for the 251 minutes not sampled.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

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:  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, 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 of 50 ug/m3 when employees were exposed to respirable crystalline silica while fabricating stone countertops.  a) On September 26, 2019, an employee fabricating a stone countertop, while using hand cutting and polishing tools was exposed to respirable dust containing crystalline silica at 310 ug/m3, which is 6.16 times the permissible exposure limit(PEL) of 50 ug/m3.  Exposure calculations include a zero exposure increment for the 105 minutes not sampled.    b) On September 26, 2019, an employee fabricating a stone countertop, while using hand polishing tools was exposed to respirable dust containing crystalline silica at 68 ug/m3, which is 1.36 times the permissible exposure limit (PEL) of 50 ug/m3.  Exposure calculations include a zero exposure increment for the 251 minutes not sampled.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

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:  On, or about September 26, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to make medical surveillance available at no cost and at a reasonable time and place for each employee, when employees were exposed to respirable crystalline silica, generated while fabricating countertops consisting of granite, marble and other silica containing stone and exposed at or above the action level for 30 or more days per year.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

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   On, or about September 26, 2019, at the location of 4100 Brookpark Rd., Cleveland OH 44134, in the fabrication department where employees were exposed to respirable crystalline silica at up to six times the permissible exposure limit, the employer failed to post signs at all entrances to regulated areas that bear the required legend.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of at least the following:         *(A): The health hazards associated with exposure to respirable crystalline silica;        *(B): Specific tasks in the workplace that could result in exposure to respirable crystalline silica;        *(C): Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used;        *(D): The contents of this section;        *(E): The purpose and a description of the medical surveillance program required by paragraph (i) of this section.  On, or about September 26, 2019, at the location of 4100 Brookpark Rd., Cleveland OH, 44134, in the fabrication department, where employees performed tasks that generated hazardous levels of respirable crystalline silica, the employer failed to train each employee and ensure that employees could demonstrate knowledge and understanding of at least the following:           (A): The health hazards associated with exposure to respirable crystalline silica;          (B): Specific tasks in the workplace that could result in exposure to respirable crystalline silica;          (C): Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used;          (D): The contents of this section;          (E): The purpose and a description of the medical surveillance program required by paragraph (i) of this section.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

General-duty citation text

29 CFR 1910.1053(j)(3)(ii): The employer did not make a copy of this section readily available without cost to each employee covered by this section:  On, or about September 26, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer did not make a copy of this section readily available without cost to each employee covered by this section when employees were exposed to respirable crystalline silica, generated while fabricating countertops consisting of granite, marble and other respirable silica containing stone.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $5,683 · Current $5,683

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:  On, or about August, 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer did not implement and administer a continuing, effective hearing conservation program for employees exposed to noise exceeding the Action Level 8-hour Time Weighted Average (TWA) sound level of 85 decibels, or equivalent dose of 50%.    a) On September 26, 2019, a laborer, operating hand cutting and buffing tools used for stone countertop fabrication, was exposed to continuous noise levels at 83.29% of the permissible daily exposure (8-hour time-weighted average sound action level of 85.0 dBA or equivalently, a dose of 50 percent) during the 374 minute sampling period.  Exposure calculations include a zero increment for the 106 minutes not sampled.   Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.95(c)(1), which was contained in OSHA inspection number 1371221, citation number 1, item number 1 and was affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $5,683 · Current $5,683

Hazardous substances 90009015

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:  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to establish and implement a written respiratory protection program when employees were required to wear a 3M, N95, negative pressure dust mask while exposed to respirable crystalline silica, a carcinogen, generated while fabricating countertops consisting of granite, marble and other silica containing stone.    Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.134(c)(1), which was contained in OSHA inspection number 1371221, citation number 1, item number 2a and was affirmed as a final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

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:   On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to determine if employees were medically able to wear a 3M, N95, negative pressure respirator when employees were required to wear the respirator while fabricating countertops consisting of granite, marble and generated respirable crystalline silica.  Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1371221, citation number 1, item number 2b and was affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 2, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:   On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to fit test employees required to wear a 3M, N95, negative pressure respirator prior to the initial use of the respirator used while fabricating countertops consisting of granite and, or marble, which generated respirable crystalline silica.  Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1910.134(f)(2), which was contained in OSHA inspection number 1371221, citation number 1, item number 2c and was affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1)(ii): The employer did not ensure that each employee could demonstrate knowledge of the limitations and capabilities of the respirator:  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to train employees on the limitations of a 3M, N95, negative pressure respirator used while fabricating countertops consisting of granite, marble and other silica containing stone.    Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.134(k)(1)(ii),  which was contained in OSHA inspection number 1371221, citation number 1, item number 2d and was affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $5,683 · Current $5,683

Hazardous substances 90009015

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:   On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to establish and implement a written exposure control plan for respirable crystalline silica when employees were exposed to respirable crystalline silica, a carcinogen, generated while fabricating countertops consisting of granite, marble and other silica containing stone.  Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.1053(f)(2)(i), which was contained in OSHA inspection number 1371221, citation number 1, item number 3 and affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $5,683 · Current $5,683

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:  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to develop, implement and maintain a written hazard communication program when employees worked with various chemicals including, but not limited to acetone which is flammable and a dermal and respiratory irritant.  Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.1200(e)(1), which was contained in OSHA inspection number 1371221, citation number 1, item number 4b and was affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 90009015

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:   On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to effectively train employees on the hazards of chemicals in their work areas. Employees worked with various chemicals, including, but not limited to respirable crystalline silica, a carcinogen, generated while fabricating end products consisting of granite, marble and other silica containing stone.    Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.1200(h)(1), which was contained in OSHA inspection 1371221, citation number 1, item number 4d and affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9015

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):    On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, the employer failed to establish a hazard communication program that included respirable crystalline silica when employees, a carcinogen, generated while fabricating countertops consisting of granite, marble and other silica containing stone.    Marble Builder Direct International, Inc, was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.1053(j)(1),  which was contained in OSHA inspection # 1371221, Citation Number 1, item number 4, group a, issued on March 29, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134. The final order date for the citation was April 23, 2019.

Issued

Nov 26, 2019

Abate by

Jan 15, 2020

Penalty

Initial $212 · Current $212

General-duty citation text

29 CFR 1910.106(e)(9)(iii): Combustible waste material and residues in a building or unit operating area were not kept to a minimum, stored in covered metal receptacles and disposed of daily:  On, or about August 22, 2019, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, rags impregnated with 100% acetone, a flammable chemical (flashpoint - 4 degrees Fahrenheit), were discarded in a plastic, uncovered waste basket.   Marble Builder Direct International, Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.106(e)(9)(iii), which was contained in OSHA inspection number 1371221, citation number 2, item number 1 and was affirmed as final order on April 23, 2019, with respect to a workplace located at 4100 Brookpark Road, Cleveland, OH 44134.