OSHA Inspection: MARBLE BUILDER DIRECT INTERNATIONAL, INC.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $4,505 · Current $4,505

Hazardous substances 9010

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:    On or about October 7, 2020, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, in the fabrication department, employees were permitted to have facial hair, greater than one days growth that interfered with the seal of the respirator.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $30,037 · Current $30,037

Hazardous substances 9010

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:  The employer does not protect employees overexposed to respirable crystalline silica by implementing a written respiratory protection program when employees are required to wear a respirator while fabricating countertops consisting of granite, marble and other silica containing stone.  This most recently occurred on or about, October 7, 2020, in the fabrication department, the employer had yet to establish and implement a written respiratory protection program when employees were required to wear a Moldex 8003, negative pressure, cartridge respirator, while overexposed to respirable crystalline silica, a carcinogen, generated while fabricating countertops consisting of granite, marble and other silica containing stone.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:   The employer does not protect each employee required to wear a respirator by providing a medical evaluation to determine the employee's ability to use a respirator before it was required to be used while fabricating countertops consisting of silica containing stone.  This most recently occurred on or about, October 7, 2020, in the fabrication department, the employer had yet to determine if employees were medically able to wear a Moldex 8003, negative pressure, cartridge respirator when employees were required to wear the respirator while fabricating countertops consisting of granite, marble and generated respirable crystalline silica.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:   The employer does not protect each employee required to wear a respirator by ensuring a proper fit by fit testing employees prior to requiring the respirator to be worn while fabricating countertops consisting of silica containing stone.  This most recently occurred on or about, October 7, 2020, in the fabrication department, the employer had yet to fit test employees required to wear a Moldex 8003, negative pressure, cartridge respirator prior to the initial use of the respirator used while fabricating countertops consisting of granite and, or marble, which generated respirable crystalline silica. Employees were exposed to silica at over five times the PEL.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:  The employer does not protect each employee required to wear a respirator by ensuring that employees could demonstrate knowledge of the limitations and capabilities of the respirator when required to be worn while fabricating countertops consisting of silica containing stone.  This most recently occurred on or about October 7, 2020, 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 LV, N95, negative pressure respirator used while fabricating countertops consisting of granite, marble and other silica containing stone.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $25,745 · Current $25,745

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:  The employer does not protect employees that operate the Yale PG Powered Industrial Truck equipped with  a non-factory installed front end boom with attached clamp by ensuring that the truck was identified with the attachments showing the approximate weight of the truck and attachment combination at maximum elevation with load laterally centered.  This most recently occurred on or about October 7, 2020, the employer did not ensure that the Yale PG Powered Industrial Truck (SN E187V09222W) equipped with a non-factory installed front end boom with a 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $25,745 · Current $25,745

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):  The employer does not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely demonstrated by the successful completion of training and evaluation as specified in the standard when employees operate the Yale PG Powered Industrial Truck (SN E187V09222W) to move slabs of stone through the facility.  This most recently occurred on or about October 7, 2020, 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $21,455 · Current $21,455

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:  The employer does not protect employees from electrical hazards caused by damaged orange, flexible electrical cords exposed to sharp corners and attached to building structures. The cords energized the electric overhead door opener which employees operate.  This most recently occurred on or about, October 7, 2020, 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

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:  The employer does not protect employees from electrical hazards caused by damaged orange, flexible electrical cords exposed to sharp corners and attached to building structures. The cords energizes the electric overhead door opener which employees operate.  This most recently occurred on or about, October 7, 2020, 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $30,037 · Current $30,037

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):  The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by ensuring that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour Time-Weighted Average (TWA) while fabricating stone countertops.  This most recently occurred on December 29, 2020, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, an employee fabricating a stone countertop, while using hand cutting and polishing tools was exposed to respirable dust containing crystalline silica at 270 ug/m3, which is 5.4 times the permissible exposure limit (PEL) of 50 ug/m3. Exposure calculations include a zero exposure increment for the 110 minutes not sampled. 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, while fabricating stone countertops.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

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:   The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by using engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL while employees fabricate stone countertops.  This most recently occurred on, or about December 29, 2020, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, an employee fabricating a stone countertop, while using hand cutting and polishing tools was exposed to respirable dust containing crystalline silica at 270 ug/m3, which is 5.4 times the permissible exposure limit (PEL) of 50 ug/m3.  Exposure calculations include a zero exposure increment for the 110 minutes not sampled.  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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:   The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by establishing and implementing a written exposure control plan while employees fabricate stone countertops.  This most recently occurred on or about October 7, 2020, 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

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:   The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by making 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.  This most recently occurred on December 29, 2020, 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2026

Penalty

Initial $30,037 · Current $30,037

Hazardous substances 9010

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 does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by including respirable crystalline silica in a hazard communication program when employees are exposed to the chemical while fabricating stone countertops.  This most recently occurred on or about October 7, 2020, 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, a carcinogen, generated while fabricating countertops consisting of granite, marble and other silica containing stone.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

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  The employer does not to protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by posting signs at the entrance to the regulated area where employees are overexposed to respirable crystalline silica while fabricating stone countertops.  This most recently occurred on or about October 7, 2020, at the location of 4100 Brookpark Rd., Cleveland OH 44134, in the fabrication department where employees were exposed to respirable crystalline silica at over five times the permissible exposure limit, the employer failed to post signs at all entrances to regulated areas that bear the required legend.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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.  The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by training employees and ensuring that employees could demonstrate knowledge of:  The health hazards associated with exposure to respirable crystalline silica; Specific tasks in the workplace that could result in exposure to respirable crystalline silica; 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; The purpose and a description of the medical surveillance program required by paragraph (i) of this section. When employees were exposed to respirable crystalline silica while fabricating stone countertops.  This most recently occurred on or about October 7, 2020, in the fabrication department, where employees performed tasks that generated hazardous levels of respirable crystalline silica, the employer had yet 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:  The employer does not protect employees from the health hazards of respirable crystalline silica by ensuring that employees have a copy of the standard readily available to them while exposed to respirable crystalline silica while fabricating stone countertops.  This most recently occurred on or about October 7, 2020, 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.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:  The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by developing, implementing and maintaining a written hazard communication program when employees were exposed to chemicals such as, but not limited to respirable crystalline silica and acetone while generating stone countertops.   This most recently occurred on or about October 7, 2020, 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 respirable crystalline silica, a carcinogen; and acetone which is flammable and a dermal and respiratory irritant.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Abate by

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:   The employer does not protect employees from chemical hazards by training employees on chemicals in their work area, such as acetone and respirable crystalline silica  used to fabricate stone countertop.   This most recently occurred on or about October 7, 2020, 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.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Apr 2, 2021

Penalty

Initial $9,753 · Current $9,753

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:  The employer does not ensure that employees are protected from hazards associated with flammable waste by providing a flammable waste container for rags impregnated with flammable acetone.  This most recently occurred on or about October 7, 2020, 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.