OSHA Inspection: C.D.S. CONTRACTORS, INC.

Issued

Jul 30, 2021

Abate by

Aug 25, 2021

Penalty

Initial $4,096 · Current $2,048 Reduced

General-duty citation text

29 CFR  1910.212(a)(3)(ii): The  point of operation of machines whose operation exposed an employee to injury, was not guarded:   a) Countertop Cutting Shed/Area: On or about 4/6/2021, the employer exposed an employee to laceration hazards, in that the Makita 9564CV angle grinder cutting disk was unguarded while an employee cut holes in countertops.

Issued

Jul 30, 2021

Abate by

Aug 25, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

Hazardous substances 9000

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 g/m3, calculated as an 8-hour TWA:   a.	Countertop Cutting Shed/Area: An employee dry cutting holes in natural stone with an angle grinder for countertop sinks was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 614.4 micrograms per cubic meter (�g/m3), 12 times the permissible exposure limit of 50.0 �g/m3. The sampling was performed for 77 minutes on 4/6/2021.

Issued

Jul 30, 2021

Abate by

Aug 25, 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, unless the employer can demonstrate that such controls are not feasible:   a. Countertop Cutting Shed/Area: An employee dry cutting holes in natural stone with an angle grinder for countertop sinks was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 614.4 micrograms per cubic meter (�g/m3), 12 times the permissible exposure limit of 50.0 �g/m3. The sampling was performed for 77 minutes on 4/6/2021. The employer failed to implement effective engineering or work practice control methods for this task.

Issued

Jul 30, 2021

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) Countertop Cutting Shed/Area: An employee dry cutting holes in natural stone with an angle grinder for countertop sinks was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 614.4 micrograms per cubic meter (�g/m3), 12 times the permissible exposure limit of 50.0 �g/m3. The sampling was performed for 77 minutes on 4/6/2021. The employer did not institute an effective respiratory protection program.

Issued

Jul 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:   a) Countertop Cutting Shed/Area: On or about 4/6/2021, the employer exposed an employee to respirable crystalline silica above the permissible exposure limit, in that initial respirator fit testing was not provided to an employee dry cutting countertops.

Issued

Jul 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:  a) Countertop Cutting Shed/Area: On or about 4/6/2021, the employer exposed an employee to respirable crystalline silica above the permissible exposure limit, in that an employee wearing a tight fitting respirator had facial hair that came between the sealing surface of the respirator facepiece and the face while the employee was dry cutting countertops.

Issued

Jul 30, 2021

Penalty

Initial $6,827 · Current $3,414 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) Countertop Cutting Shed/Area: On or about 4/6/2021, the employer exposed an employee to respirable crystalline silica above the permissible exposure limit, in that initial exposure monitoring was not performed while the employee dry cut holes in natural stone for countertop sinks.

Issued

Jul 30, 2021

Abate by

Aug 25, 2021

Penalty

Initial $6,827 · Current $3,414 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) Countertop Cutting Shed/Area: An employee dry cutting holes in natural stone with an angle grinder for countertop sinks was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 614.4 micrograms per cubic meter (�g/m3), 12 times the permissible exposure limit of 50.0 �g/m3. The sampling was performed for 77 minutes on 4/6/2021. The employer did not establish a regulated area.

Issued

Jul 30, 2021

Abate by

Aug 25, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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  a) Countertop Cutting Shed/Area: On or about 4/6/2021, the employer exposed employees to respirable crystalline silica above the permissible exposure limit, in that danger signs were not posted to warn employees of exposure to respirable crystalline silica produced during dry cutting of natural stone countertops.

Issued

Jul 30, 2021

Abate by

Oct 18, 2021

Penalty

Initial $6,827 · Current $3,414 Reduced

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.	Countertop Cutting Shed/Area: On or about 4/6/2021, the employer exposed an employee to respirable crystalline silica above the permissible exposure limit, in that the employer had not established and implemented a written silica exposure control plan for an employee dry cutting holes in natural stone countertops.