OSHA Inspection: CUSTOM CAST MARBLEWORKS, INC.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $5,937 · Current $3,848 Reduced

Hazardous substances 05059000M110

General-duty citation text

29 CFR 1910.22(a)(1): (1) All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.  (a) On or about January 3, 2020, debris from cast sinks and molds were found on the ground near the ventilation booth creating tripping hazards.  (b) On or about January 3, 2020, air compressor hoses, extension cords, cords to portable equipment such as but not limited to the rotary buffers, and Porter Cable Belt sanders, were found on the floor throughout the finishing department creating trip hazards.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $4,453 · Current $2,886 Reduced

Hazardous substances 2280

General-duty citation text

29 CFR 1910.106(d)(5)(i): "Egress." Flammable liquids, including stock for sale, shall not be stored so as to limit use of exits, stairways, or areas normally used for the safe egress of people.  (a) On or about January 3, 2020, two metal vats exceeding 100 gallons of Polylite 323132-18 Resin Solution (flammable) were stored adjacent to a stairway and exit which limited their use as a safe egress of employees.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $8,906 · Current $5,773 Reduced

Hazardous substances 14701750

General-duty citation text

29 CFR 1910.132(f)(1): The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following: When PPE is necessary; What PPE is necessary; How to properly don, doff, adjust, and wear PPE; The limitations of the PPE; and The proper care maintenance, useful life and disposal of PPE.   (a) On or about February 11, 2020, the employer did not provide training to each employee who was required to wear personal protective equipment (PPE) such as but not limited to chemically protective gloves, safety glasses, and respirators. Employees were exposed to hazards such as but not limited to dust (inhalation, eye hazard), acetone (skin and eye irritant), and Cadox L-50 (skin and eye corrosive).

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $7,422 · Current $4,811 Reduced

Hazardous substances 14701750

General-duty citation text

29 CFR 1910.138(a): General requirements. Employers shall select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.  (a) On or about February 12, 2020, the employer did not require employees to use appropriate hand protection in that employees in the finishing department were not provided and required to wear gloves when working with acetone (skin irritant) and Cadox L-50A (skin corrosive).

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $10,390 · Current $6,735 Reduced

Hazardous substances 0505175022809000

General-duty citation text

29 CFR 1910.134(e)(4)(ii): The employer shall provide the employee with an opportunity to discuss the questionnaire and examination results with the PLHCP.  (a) On or about February 11, 2020, the employer had not provided the employees with an opportunity to discuss the questionnaire and examination results with the PLHCP in that the employees, who were required to wear respirators were not provided with the results of their medical surveillance or any means to contact the PLHCP.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 0505175022809000

General-duty citation text

29 CFR 1910.134(e)(6) Medical determination. In determining the employee's ability to use a respirator, the employer shall: Obtain a written recommendation regarding the employee's ability to use the respirator from the PLHCP. The recommendation shall provide only the following information: Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator; The need, if any, for follow-up medical evaluations; and A statement that the PLHCP has provided the employee with a copy of the PLHCP's written recommendation.  (a) On or about February 11, 2020, the medical recommendation used to determine the employee's ability to use a respirator which was provided to the employer did not include a statement that the physician or other licensed health care professional (PLHCP) had provided the employee with a copy of the PLHCP's written recommendation. The employees required to wear a respirator had not been provided information related to the need for a follow-up or restricted respirator usage.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 0505175022809000

General-duty citation text

29 CFR 1910.134(e)(7): Additional medical evaluations. At a minimum, the employer shall provide additional medical evaluations that comply with the requirements of this section if: An employee reports medical signs or symptoms that are related to ability to use a respirator; A PLHCP, supervisor, or the respirator program administrator informs the employer that an employee needs to be reevaluated.   (a) On or about February 11, 2020, the employer had not provided medical evaluations when employees reported medical signs or symptoms in that employees had told the owner and respirator program administrator, Brian Schmitt that they could not breathe when wearing the respirator.  (b) On or about February 11, 2020, the employer had not provided additional medical evaluations when provided documentation from the physician or other licensed health care provider (PLHCP) for employees who suffered from health conditions such as, but not limited to smoking, diabetes, high blood pressure, hypertension, asthma, coughing with phlegm, and heart conditions, who were required to wear respirators for total dust exposures over the permissible exposure limit of 15 milligrams per cubic meter of air for an 8 hour time-weighted average.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $10,390 · Current $6,735 Reduced

Hazardous substances 05059000

General-duty citation text

29 CFR 1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.  (a) On or about February 11, 2020, the employer did not ensure that employees required to wear respirators in the finishing department for total dust over the 8 hour time-weighted permissible exposure limit of 15 milligrams per cubic meter of air and respirable crystalline silica over the 8 hour time-weighted permissible exposure limit of 50 micrograms of cubic air were fit tested prior to initial use of the respirator in that not all of the employees had received their initial fit test.  (b) On or about February 11, 2020, the employer did not ensure that employees required to wear respirators in the finishing department for total dust over the 8 hour time-weighted permissible exposure limit of 15 milligrams per cubic meter of air and respirable crystalline silica over the 8 hour time-weighted permissible exposure limit of 50 micrograms of cubic air were fit tested annually. Employees who were not present for the annual fit test did not receive an annual fit test upon their return to work, and several employees had not passed their annual fit test.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 05059000M110

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have: Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or  (a) On or about January 3, 2020, the employer permitted respirators with tight-fitting facepieces to be worn by employees who had facial hair that comes between the sealing surface of the facepiece and the face in that employees who were required to wear respirators while grinding, buffing, and sanding in the finishing department had more than a days worth of facial hair which prevented a proper seal between the facepiece and the face.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $10,390 · Current $6,735 Reduced

Hazardous substances 05059000

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):  (a) On or about January 3, 2020, the employees had not been trained on usage, maintenance, inspection, storage, limitations, and proper fit of the respirator for employees who were required by the employer to wear filtering face pieces when grinding, sanding, and buffing cast marble in the finishing department in that respirators were stored open in a work area, were worn with beards, were worn with only one strap, were not worn, and employees were unaware of their overexposure to total dust.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $7,422 · Current $4,811 Reduced

General-duty citation text

29 CFR 1910.242(b): Compressed air used for cleaning. Compressed air shall not be used for cleaning purposes except where reduced to less than 30 p.s.i. and then only with effective chip guarding and personal protective equipment.  (a) On or about January 3, 2020, employees in the finishing department used compressed air at greater than 30 p.s.i. for housekeeping purposes to clean themselves; PPE; and the finished product, after it was manufactured and prepared for shipping."

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $7,422 · Current $4,811 Reduced

General-duty citation text

29 CFR 1910.334(a)(2)(ii): If there is a defect or evidence of damage that might expose an employee to injury, the defective or damaged item shall be removed from service, and no employee may use it until repairs and tests necessary to render the equipment safe have been made.  (a) On or about January 3, 2020, cords to portable tools and extension cords were wrapped in black tape and masking tape in the finishing department and were used when the outer insulation had been damaged.

Issued

May 12, 2020

Abate by

Sep 23, 2020

Penalty

Initial $10,390 · Current $6,735 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(c): Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 microgram per cubic meter of air, calculated as an 8-hour TWA.  (a) On or about January 9, 2020, the employer had not ensured that employees were exposed to an airborne concentration of respirable crystalline silica in excess of 50 microgram per cubic meter of air, calculated as an 8-hour TWA in that two employees in the buffing area of the finishing department, who were sanding, buffing, and grinding on engineered marble sinks  were exposed to respirable crystalline silica at a time weighted average (TWA) of 73 and 53 micrograms per cubic meter which is above the permissible exposure limit of 50 micrograms per cubic meter.

Issued

May 12, 2020

Abate by

Sep 23, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(1): Methods of compliance-(1) Engineering and work practice controls. The employer shall 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. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of paragraph (g) of this section.  (a) On or about January 9, 2020, the employer had not used engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL in that in that two employees in the buffing area of the finishing department, who were sanding, buffing, and grinding on engineered marble sinks  were exposed to respirable crystalline silica at a time weighted average (TWA) of 73 and 53 micrograms per cubic meter which is above the permissible exposure limit of 50 micrograms per cubic meter.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $10,390 · Current $6,735 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(1): Communication of respirable crystalline silica hazards to employees-(1) Hazard communication. The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.  (a) On or about January 9, 2020, the employer had not included respirable crystalline silica in a hazard communication program for employees who were exposed to respirable crystalline silica (carcinogen) above the permissible exposure limit of 50 micrograms per cubic meter of air for an 8 hour time-weighted average while in the buffing area of the finishing department, who were sanding, buffing, and grinding on engineered marble sinks.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 14701750

General-duty citation text

29 CFR 1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  (a) On or about January 9, 2020, the employer had not provided training on hazardous chemicals to employees working in the finishing department. The employees exposed to chemicals such as, but not limited to calcium carbonate dust (inhalation hazard, irritant), Cadox L-50A (flammable, inhalation hazard, skin and eye corrosive), acetone (skin irritant, flammable), and silica (carcinogen).

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 05051470175022809000

General-duty citation text

29 CFR 1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  (a) On or about January 9, 2020, the employer had not provided training on hazardous chemicals to all employees in the finishing department. The employees worked with chemicals such as, but not limited to calcium carbonate dust (inhalation hazard, irritant), Cadox L-50A (flammable, inhalation hazard, skin and eye corrosive), acetone (skin irritant, flammable), and silica (carcinogen).

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $2,969 · Current $1,926 Reduced

Hazardous substances 9135

General-duty citation text

29 CFR 1910.1000(a)(2): Other substances -- 8-hour Time Weighted Averages. An employee's exposure to any substance in Table Z-1, the exposure limit of which is not preceded by a "C", shall not exceed the 8-hour Time Weighted Average given for that substance any 8-hour work shift of a 40-hour work week.  a) On January 9, 2020, an employee grinding in the finishing department was exposed to an 8 hour time-weighted average of 28.42 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 1.89 times the permissible exposure limit.  b) On January 9, 2020, an employee grinding in the finishing department was exposed to an 8 hour time-weighted average of 35.73 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 2.38 times the permissible exposure limit.  c) On January 9, 2020, an employee sanding and buffing in the finishing department was exposed to an 8 hour time-weighted average of 54.40 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 3.63 times the permissible exposure limit.  d) On January 9, 2020, an employee sanding and buffing in the finishing department was exposed to an 8 hour time-weighted average of 53.50 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 3.57 times the permissible exposure limit.  e) On January 9, 2020, an employee sanding and buffing in the finishing department was exposed to an 8 hour time-weighted average of 16.92 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 1.13 times the permissible exposure limit.  The Custom Cast MarbleWorks, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.1000(a)(2), which was contained in OSHA inspection number 1292724, citation number 2, item number 3 and was affirmed as a final order on April 16, 2018, with respect to a workplace located at 3154 Exon Ave., Cincinnati, OH 45241.

Issued

May 12, 2020

Abate by

Sep 23, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.1000(e): To achieve compliance with paragraphs (a) through (d) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134.  a) On January 9, 2020, an employee grinding in the finishing department was exposed to an 8 hour time-weighted average of 28.42 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 1.89 times the permissible exposure limit.  b) On January 9, 2020, an employee grinding in the finishing department was exposed to an 8 hour time-weighted average of 35.73 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 2.38 times the permissible exposure limit.  c) On January 9, 2020, an employee sanding and buffing in the finishing department was exposed to an 8 hour time-weighted average of 54.40 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 3.63 times the permissible exposure limit.  d) On January 9, 2020, an employee sanding and buffing in the finishing department was exposed to an 8 hour time-weighted average of 53.50 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 3.57 times the permissible exposure limit.  e) On January 9, 2020, an employee sanding and buffing in the finishing department was exposed to an 8 hour time-weighted average of 16.92 milligrams per cubic meter of air of particulate not otherwise regulated (PNOR) as total dust was 1.13 times the permissible exposure limit.  The Custom Cast MarbleWorks, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.1000(e), which was contained in OSHA inspection number 1292724, citation number 2, item number 4 and was affirmed as a final order on April 16, 2018, with respect to a workplace located at 3154 Exon Ave., Cincinnati, OH 45241.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $2,969 · Current $1,926 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1)(i): A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas).  a) On or about January 3, 2020, a list of hazardous chemicals known to be present had not been compiled in that the list did not include calcium carbonate (inhalation hazard, carcinogen), DAP caulk (skin irritant), and sanding discs (irritant).  The Custom Cast MarbleWorks, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.1200(e)(1)(i), which was contained in OSHA inspection number 1292724, citation number 2, item number 4 and was affirmed as a final order on April 16, 2018, with respect to a workplace located at 3154 Exon Ave., Cincinnati, OH 45241.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $833 · Current $533 Reduced

Hazardous substances 05059135

General-duty citation text

29 CFR 1910.1020(g)(1): Employees covered by 29 CFR 1910.1020 were not informed, upon entering employment and at least annually thereafter, of the existence, location, availability of any records covered by this section, of the identity of the person responsible for maintaining and providing access to records, or of each employee's right of access to these records:  a) On or about January 3, 2020, the employer had not informed employees of the existence, location, availability, and person responsible for providing access to their medical and exposure records in that employees in the finishing department had not been provided information on the exposure records for total dust and information on their medical records  for the mandatory respirator medical evaluations.

Issued

May 12, 2020

Abate by

Jun 29, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)  a) On or about January 3, 2020, the employer did not provide safety data sheets for calcium carbonate, DAP Caulk, and the sanding discs.