OSHA Inspection: THERM-O-ROCK EAST, INC.

Issued

Jul 14, 2020

Abate by

Aug 17, 2020

Penalty

Initial $7,422 · Current $3,400 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 mcg/m3 (micrograms per cubic meter of air), calculated as an 8-hour time-weighted average (TWA):     a) In the facility, on or about June 5, 2020 - The employer did not ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 mcg/m3 (micrograms per cubic meter of air), calculated as an 8-hour TWA.  An employee designated as a Laborer was exposed to respirable dust containing crystalline silica (quartz) at a TWA level of 188 mcg/m3, approximately 3.7 times the OSHA PEL of 50 mcg/m3.  The exposure is derived from one sample collected over a 434-minute sampling period.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 facility, on or about June 5, 2020 - The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the Permissible Exposure Limit (PEL).  An employee designated as a Laborer was exposed to respirable crystalline silica at a time-weighted average (TWA) level of 188 mcg/m3.  The exposure was approximately 3.7 times the OSHA PEL of 50 mcg/m3 and is derived from one sample collected over a 434-minute sampling period.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 facility, on or about June 5, 2020 - The employer did not establish and implement a written exposure control plan to determine which tasks in the workplace involve exposure to respirable crystalline silica and which engineering controls and work practices the employer planned to implement to limit employee exposure during each task listed.

Issued

Jul 14, 2020

Penalty

Initial $7,422 · Current $3,400 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) In the facility, on or about June 5, 2020 - The employer did not assess the 8-hour time-weighted average (TWA) exposure for each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level of 25 micrograms per cubic meter of air as an 8-hour TWA.  An employee designated as a Bagger/Sealer was exposed to respirable crystalline silica dust at a TWA level of 46 micrograms per cubic meter of air.  The exposure level is derived from one sample collected over a 447-minute period.    b) In the facility, on or about June 5, 2020 - The employer did not assess the 8-hour time-weighted average (TWA) exposure for each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level of 25 micrograms per cubic meter of air as an 8-hour TWA.  An employee designated as a Laborer was exposed to respirable crystalline silica dust at a TWA level of 188 micrograms per cubic meter of air.  The exposure level is derived from one sample collected over a 434-minute period.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $7,422 · Current $3,400 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 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) In the facility, on or about June 5, 2020 - The employer did not make medical surveillance available at no cost to each employee when employees were exposed to respirable crystalline silica above the Permissible Exposure Limit (PEL) of 50 mcg/m3 for 30 or more days per year from June 23, 2018 through June 22, 2020.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $7,422 · Current $3,400 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) In the facility, on or about June 5, 2020 - When an employee's exposure to respirable crystalline silica exceeded the OSHA Permissible Exposure Limit (PEL) as defined in 29 CFR 1910.1053, the employer did not establish a regulated area.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(4): The employer did not provide each employee and the employee's designated representative entering a regulated area with an appropriate respirator in accordance with paragraph (g) of this section:    a) In the facility, on or about June 5, 2020 - During periods when an employee is in a regulated area where airborne concentrations of respirable crystalline silica is, or can be expected to be, in excess of the PEL, the employer did not provide an appropriate respirator meeting the requirements of this paragraph and 29 CFR 1910.134 for medical evaluations and fit testing.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 facility, on or about June 5, 2020 - Where employees were exposed to respirable crystalline silica in excess of the Permissible Exposure Limit (PEL) as described in 29 CFR 1910.1053 and required use a tight-fitting respirator in the workplace, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134.

Issued

Jul 14, 2020

Abate by

Oct 19, 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:    a) In the facility, on or about June 5, 2020 - The employer did not provide a medical evaluation to employees required to wear respiratory protection in the workplace before the respirator was used in the workplace for the first time.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):     a) In the facility, on or about June 5, 2020 - The employer did not ensure that employees exposed to respirable crystalline silica in excess of the Permissible Exposure Limit (PEL) as described in 29 CFR 1910.1053 and required to use a tight-fitting respirator in the workplace passed the appropriate qualitative or quantitative fit test.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $7,422 · Current $3,400 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(1): The employer did not esure that each employee was trained in accordance with the provisions of HCS and paragraph (j)(3) of this section:    a) In the facility, on or about June 5, 2020 - The employer did not ensure that each employee was trained in accordance with the provisions of 29 CFR 1910.1200 and paragraph (j)(3) of 29 CFR 1910.1053 that includes the health hazards associated with exposure to respirable crystalline silica; the specific tasks in the workplace that could result in exposure to respirable crystalline silica; the 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; the contents of this section; and the purpose and a description of the medical surveillance program required by paragraph (i) of this section.

Issued

Jul 14, 2020

Abate by

Oct 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:    a) In the facility, on or about June 5, 2020 - The employer did not make a copy of the silica standard readily available to employees who were exposed to respirable crystalline silica during work operations.