OSHA Inspection: BECKER WORKS, LTD.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $5,461 · Current $2,750 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer did not develop and implement a written respiratory protection program.  a) Main building, stone fabrication area - On or about May 29, 2021, an employee was required to wear a tight-fitting respirator, including a Sperian Freedom Disposable Series half-face negative pressure air-purifying respirator when cutting stone. The employer failed to establish a written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(11)(i)-(ix) with worksite specific procedures for employees required to wear tight-fitting respirators, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and active tuberculosis related to respirable crystalline silica inhalation.  b) Main building, stone fabrication area - On or about June 22, 2021, two employees were required to wear filtering facepiece respirators, including Boncare KN95 respirators with ear loops while polishing stone. The employer failed to establish a written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(11)(i)-(ix) with worksite specific procedures for employees required to wear tight-fitting respirators, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and active tuberculosis related to respirable crystalline silica inhalation.  The written respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(1)(ii): The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification.   (a) Main building, stone fabrication area - On or about June 22, 2021, two employees were required to wear filtering facepiece respirators, including Boncare KN95 respirators with ear loops while polishing stone. The employer failed to select NIOSH-approved respirators, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and active tuberculosis related to respirable crystalline silica inhalation.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Main building, stone fabrication area - On or about May 29, 2021, the employer did not ensure that employees were provided a medical evaluation prior to using tight-fitting respirators, including Sperian Freedom Disposable Series negative pressure half-face air-purifying respirators, thereby exposing the employees to hazards associated with respiratory and cardiovascular systems stress.  (b) Main building, stone fabrication area - On or about June 22, 2021, the employer did not ensure that employees were provided a medical evaluation prior to using tight-fitting respirators, including Boncare KN95 filtering facepiece respirators with ear loops, thereby exposing the employees to hazards associated with respiratory and cardiovascular systems stress.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not annually fit tested:  (a) Main building, stone fabrication area - On or about May 29, 2021, the employer did not ensure that all employees required to wear tight-fitting respirators, including Sperian Freedom Disposable Series half-face negative pressure air-purifying respirators, were fit tested within the previous 12 months, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) infection related to respirable crystalline silica inhalation.  (b) Main building, stone fabrication area - On or about June 22, 2021, the employer did not ensure that employees were provided a medical evaluation prior to using tight-fitting respirators, including Boncare KN95 filtering facepiece respirators with ear loops were fit tested within the previous 12 months, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) infection related to respirable crystalline silica inhalation.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable respirator training that would ensure that each employee could demonstrate knowledge of items in section (i)-(vii):  a) Main building, stone fabrication area - On or about May 29, 2021, the employer did not ensure that all employees required to wear tight-fitting respirators, including Sperian Freedom Disposable Series half-face negative pressure air-purifying respirators and Boncare KN95 filtering facepiece respirators, were provided respirator training, thereby exposing the employees to hazards associated with respirable crystalline silica.   Respirator training shall include, at a minimum, why respiratory protection is necessary; factors that compromise protection; proper fit; proper use; limitations and capabilities; change schedules; emergency use; inspection; maintenance and/or storage; general requirements of 29 CFR 1910.134; and how to recognize medical signs and symptoms.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

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) Main building, stone fabrication area - On or about May 29, 2021, an employee was required to wear respirator protection, including a Sperian Freedom Disposable Series tight-fitting, negative pressure air-purifying respirator while cutting stone. The employer failed to establish a written respiratory protection program in accordance with 29 CFR 1910.134, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and active tuberculosis related to respirable crystalline silica inhalation.  b) Main building, stone fabrication area - On or about June 22, 2021, two employees were required to wear filtering facepiece respirators, including Boncare KN95 respirators with ear loops while polishing stone. The employer failed to establish a written respiratory protection program in accordance with 29 CFR 1910.134, thereby exposing employees to illnesses including, but not limited to, silicosis, lung cancer, and active tuberculosis related to respirable crystalline silica inhalation.

Issued

Nov 23, 2021

Abate by

Jan 12, 2022

Penalty

Initial $3,901 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:  (a) Main building, stone fabrication and water jet cutter areas - On or about June 3, 2021, the employer did not ensure an energy control program consisting of energy control procedures, employee training and periodic inspections was established for employees performing service and maintenance on machines including, but not limited to, the Park Industries Saberjet XP CNC 5 axis saw/waterjet (SN 367855) and the Flow International Corporation IFB Stonecrafter water jet cutter (SN 643699).  Affected employees were thereby exposed to amputation hazards associated with moving parts.

Issued

Nov 23, 2021

Abate by

Dec 20, 2021

Penalty

Initial $3,901 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.178(a)(4): Modifications and additions which affect capacity and safe operation of a powered industrial truck were performed by the employer without the manufacturer's prior written approval:  (a) Facility wide - On or about June 3, 2021 and June 22, 2021, the employer modified the forklift attachments of the Linde powered industrial truck RX60-25C, Serial #516321C01233, without the manufacturer's prior written approval, thereby exposing employees to tip-over hazards.

Issued

Nov 23, 2021

Abate by

Dec 20, 2021

Penalty

Initial $3,901 · Current $2,000 Reduced

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) Facility wide - On or about June 3, 2021 and June 22, 2021, the employer did not ensure that employees who operate powered industrial trucks, including the Linde RX60-25C electric counterbalanced truck, were properly trained, evaluated and certified to perform tasks in a safe manner, thereby exposing employees to struck-by hazards.

Issued

Nov 23, 2021

Penalty

Initial $5,461 · Current $2,750 Reduced

General-duty citation text

29 CFR  1910.242(a): Hand and portable powered tools or equipment were not kept in safe condition:  (a) Main building, stone fabrication area - On or about May 3, 2021, the employer did not ensure employees operating electric Makita PW5001C Stone Polishers with an integrated water-delivery system used the tools as manufactured with a built-in ground fault circuit interrupter (GFCI).   Affected employees used the tools with the GFCI removed, thereby exposing the employees to shock and electrocution hazards.

Issued

Nov 23, 2021

Penalty

Initial $2,340 · Current $1,125 Reduced

General-duty citation text

29 CFR  1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:  (a) Main building, stone fabrication area -  On or about June 3, 2021, the employer did not ensure that compressed air was reduced to 30 p.s.i. or less prior to use by employees for cleaning purposes.

Issued

Nov 23, 2021

Penalty

Initial $2,340 · Current $1,125 Reduced

General-duty citation text

29 CFR  1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:  (a) Main building, stone fabrication area - On or about June 3, 2021, the employer did not ensure that unused openings in receptacle outlet boxes along the south wall were effectively closed.

Issued

Nov 23, 2021

Abate by

Dec 20, 2021

Penalty

Initial $4,681 · Current $2,500 Reduced

General-duty citation text

29 CFR  1910.305(d)(2): Panelboards were not mounted in cabinets, cutout boxes, or enclosures designed for the purpose and/or were not dead front:  (a) Main building, across from foreman's office in hallway - On or about June 3, 2021, the employer did not ensure that a panelboard enclosure with exposed live parts was equipped with a dead front, thereby exposing employees to electrical shock hazards.

Issued

Nov 23, 2021

Abate by

Dec 20, 2021

Penalty

Initial $3,901 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.334(a)(4): Portable electric equipment and flexible cords that was used in highly conductive work locations (such as those inundated with water or other conductive locations) or in job locations where employees were likely to contact water or conductive liquids were not approved for those locations:   (a) Main building, stone fabrication area - On or about June 3, 2021 and June 22, 2021, the employer did not ensure that a relocatable power tap used by an employee to power a Makita PW5001 wet stone polisher was approved for use in the highly conductive (wet) work location, thereby exposing the employee to electrical shock and electrocution hazards.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $2,750 Reduced

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) Main building, stone fabrication area - On or about June 22, 2021, the employer failed to establish a regulated area where an employee's exposure to airborne concentrations of respirable crystalline silica was in excess of the PEL, thereby exposing employees in the area to the hazards of exposure to respirable crystalline silica.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(1)(iv): Respiratory protection was not provided during periods when the employee was in a regulated area.  a) Main building, stone fabrication area - On or about June 3, 2021 and June 22, 2021, an employee was not provided with adequate respiratory protection while in a regulated area, thereby exposing that employee to the illnesses associated with respirable crystalline silica including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) infection.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

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 ug/m3, calculated as an 8-hour TWA:  (a) Main building, stone fabrication area - An employee polishing stone products on June 22, 2021, was exposed to an 8-hour time weighted average (TWA) airborne respirable crystalline silica concentration of 62.89 ug/m3, approximately 1.26 times the OSHA permissible exposure limit (PEL) of 50 ug/m3. The exposure was established from a sample collected over a period of 387 minutes.  Zero exposure was assumed for the unsampled time period of 93 minutes.  The limit is established to prevent the onset of health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.

Issued

Nov 23, 2021

Penalty

Initial $0 · Current $0

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) Main building, stone fabrication area - On or about June 22, 2021, the employer did not ensure 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 was assessed.  An employee polishing stone products experienced an exposure to airborne respirable crystalline silica of 62.89 ug/m3, approximately 1.26 times the OSHA permissible exposure limit (PEL) of 50 ug/m3.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $2,750 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 for respirable crystalline silica:  (a) Main building, stone fabrication area - On or about June 22, 2021, the employer did not establish and implement a written exposure control plan for respirable crystalline silica, thereby exposing workers to illnesses including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) related to respirable crystalline silica inhalation.  The written exposure control plan must contain at least the following elements: 1. A description of the tasks in the workplace that involve exposure to respirable crystalline silica; 2. A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and 3. A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $2,750 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(h)(2)(i): The employer allowed compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica without being used in conjunction with a ventilation system to capture blown dust:  (a) Main building, stone fabrication area - On or about June 22, 2021, the employer did not ensure when an employee used compressed air to clean and dry a stone polishing workstation a ventilation system was used to capture blown dust.  The employee was, thereby, exposed to health hazards including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) from inhalation of respirable crystalline silica dust.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $2,750 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 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 action level for 30 or more days per year.  (a) Main building, stone fabrication area - On or about June 22, 2021, the employer failed to make medical surveillance available to a fabricator who was occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. The employee was, thereby, exposed to health hazards including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) from inhalation of respirable crystalline silica dust.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $2,750 Reduced

Hazardous substances 00401060166022809000

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) Main building, stone fabrication area - On or about June 22, 2021, the employer did not develop and implement a hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:   1) Requirement for labeling of containers of hazardous chemicals;  2) Safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system and any precautionary measures to protect employees.  Employees were exposed to hazardous chemicals such as, but not limited to, engineered and natural stone products (contains crystalline silica), W. M. Barr Klean-Strip Acetone (contains acetone), Sunnyside Corporation Denatured Alcohol (contains ethyl alcohol and methyl alcohol) and Superior Stone Products, Inc. Superior Polyesters Transparent Knife Grade Polyester Adhesive and Filler (contains styrene and ethylbenzene).

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 00401060166022809000

General-duty citation text

29 CFR  1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s).  (a) Main building, stone fabrication area - On or about June 22, 2021, the employer did not maintain in the workplace copies of the required safety data sheets for engineered and natural stone products (contains crystalline silica), W. M. Barr Klean-Strip Acetone (contains acetone), Sunnyside Corporation Denatured Alcohol (contains ethyl alcohol and methyl alcohol) and Superior Stone Products, Inc. Superior Polyesters Transparent Knife Grade Polyester Adhesive and Filler (contains styrene and ethylbenzene), and ensure that they were readily accessible to affected employees.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Main building, stone fabrication area - On or about June 22, 2021, the employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200), thereby exposing employees to health hazards including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) related to respirable crystalline silica inhalation.

Issued

Nov 23, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(3)(i): The employer failed to ensure that each employee covered under this section can demonstrate knowledge and understanding of 29 CFR 1910.1053(j)(3)(i)(A)-(E)  (a) Main building, stone fabrication area - On or about June 22, 2021,  the employer failed to ensure that each affected employee could demonstrate knowledge and understanding of 29 CFR 1910.1053(j)(3)(i)(A)-(E), thereby exposing employees to health hazards associated with exposure to respirable crystalline silica.  Affected employees at minimum must demonstrate knowledge and understanding of at least the following:   1) The health hazards associated with exposure to respirable crystalline silica; 2) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; 3) 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; 4) The contents of section 29 CFR 1910.1053; and 5) The purpose and a description of the medical surveillance program required in paragraph (i) of 29 CFR 1910.1053.

Issued

Nov 23, 2021

Abate by

Mar 15, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed:  (a) Facility wide - On or about June 3, and June 22, 2021, the employer did not verify, through a written certification, that the required workplace hazard assessment had been performed.