OSHA Inspection: BILL'S GRANITE COUNTERTOPS LLC

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $1,735 · Current $1,075 Reduced

General-duty citation text

29 CFR 1910.178(a)(4): Modifications and additions which affect capacity and safe operation of powered industrial trucks were performed by the employer without the manufacturer's prior written approval:  (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, modifications and additions which affected capacity and safe operation of the powered industrial truck were performed by employer without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags, or decals were not changed accordingly. Employees operated a Clark model CGC20 powered industrial truck while transporting stone slabs. An Abaco forklift boom was used to lift quartz and granite slabs. The addition of the attachment affected capacity. The employer had not received manufacturer's written approval, nor had the capacity, operation, and maintenance instruction plates been updated. This condition exposed employees to tip over and crushing hazards.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

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):  (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified per 29 CFR 1910.178(l). Employees operated a Clark model CGC20 powered industrial truck while transporting quartz slabs. The employees had not completed training and evaluation with regards to competency to operate the Clark powered industrial truck. This condition exposed employees to a safety hazard.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $2,892 · Current $2,100 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) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, 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 1910.1053. Employees fabricated and machined quartz stone containing silica. The employer had not assessed the exposure of respiratory silica. This exposed employees to a respiratory hazard.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $0 · Current $0

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) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was in excess of the PEL. Employees fabricated and machined quartz stone containing silica. On 2/10/20, all employees working in the shop area were exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 50 mcg/m3. This condition exposed employees to a respiratory hazard.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

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) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not establish and implement a written exposure control plan. Employees fabricated and machined quartz stone containing silica. On 2/10/20, all employees working in the shop area were exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 50 mcg/m3. This condition exposed employees to a respiratory hazard.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $0 · Current $0

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 Permissible Exposure Limit (PEL) for 30 or more days per year.  (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, 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 Permissible Exposure Limit (PEL) for 30 or more days per year. On 2/10/20, all employees working in the shop area were exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) PEL of 50 mcg/m3. This condition exposed employees to a respiratory hazard.  Note: Medical surveillance must be offered to employees who will be exposed at or above the action level for 30 or more days a year starting on June 23, 2020. (Medical surveillance must be offered to employees who will be exposed above the PEL for 30 or more days a year starting on June 23, 2018.)

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

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:  (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, 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. On 2/10/20, an employees working in the shop area was exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) PEL of 50 mcg/m3. The employee was exposed to respirable silica at a concentration of 80.9 mcg/m3 as an 8 hour TWA.  This is 1.6 times the PEL.  Air monitoring was conducted for 377 minutes.  (b) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, 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. On 2/10/20, an employees working in the shop area was exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) PEL of 50 mcg/m3. The employee was exposed to respirable silica at a concentration of 164.8 mcg/m3 as an 8 hour TWA.  This is 3.1 times the PEL.  Air monitoring was conducted for 375 minutes.  (c) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, 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. On 2/10/20, an employees working in the shop area was exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) PEL of 50 mcg/m3. The employee was exposed to respirable silica at a concentration of 115.5 mcg/m3 as an 8 hour TWA.  This is 2.3 times the PEL.  Air monitoring was conducted for 372 minutes.   Abatement Note:  Feasible engineering controls include, but are not limited to:  1) Local exhaust ventilation with sufficient capture velocity to entrain a particulate, 2) Ensuring the general ventilation of the area is adequate, and 3) The use of tools that can reduce the generation of the air contaminant or capture the particulate.   Abatement Note:  Abatement of this item will normally be multi-step as follows:  STEP 1 ABATEMENT DATE (15 DAYS):   1. Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.  STEP 2 ABATEMENT DATE (60 DAYS):    2. Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and /or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation: a. Evaluation of the extent and location of the hazard source; b. Evaluation of control measure options; c. Selection of optimum control measures; d. Determination of control measure design; e. Ordering and delivery of equipment; f. Installation of control measures; g. Training of employees in proper operation and maintenance of newly implemented control measures; and h. Assurance of the effective performance of control measures.  All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.  STEP 3 ABATEMENT DATE (120 DAYS):    3. Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $1,735 · Current $0 Reduced

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) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134. Employees fabricated stone countertops and were required to wear P95 respirators. The employer had not developed a written respiratory protection program. This exposed employees to a respiratory hazard.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not provide effective training to employees who are required to use respirators. Employees fabricated stone countertops and were required to wear P95 respirators. The employer did not provide comprehensive and understandable training. This exposed employees to a respiratory hazard.

Issued

Mar 19, 2020

Abate by

Mar 1, 2021

Penalty

Initial $1,735 · Current $1,075 Reduced

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) Bills Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer had not developed, implemented or maintained at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f) and (g) of this section for labels and other forms of warning, and safety data sheets will be met.  Employees worked with chemicals during the fabrication of stone countertops. The employer had not developed a written hazard communication program with regards to labeling and safety data sheets related to hazardous chemicals in the work area. This exposed employees to a chemical hazard.

Issued

Mar 19, 2020

Abate by

Apr 23, 2020

Penalty

Initial $0 · Current $0

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:    (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not provide 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. Employees worked with chemicals during the fabrication of stone countertops. This exposed employees to a chemical hazard.

Issued

Mar 19, 2020

Abate by

Apr 23, 2020

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).   (a) Bill's Granite Countertops LLC, at 260 South Raritan Street Denver, CO 80223: On and preceding 2/6/20, the employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). Employees fabricated and machined quartz stone containing silica. Employees were exposed to silica and its associated hazards.