OSHA Inspection: TRI-STATE STONE & TILE INC.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $5,461 · Current $3,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(c)(1):  The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  a) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  Employees performing cutting and polishing activities were exposed to continuous noise levels that were equivalent to 311%, 127.3% , 113.2% and 101.9% of the allowable dose of 100%, or 90dBA for an 8 hour Time Weighted Average. These exposures, which are equivalent to an 8 hour Time Weighted Average of 98.2dBA, 91.5dBA, 90.9dBA and 90.1dBA respectively, exceeded the Action Level of 50%, or 85dBA. The sample times were 452 minutes, 431 minutes, 437 minutes and 440 minutes respectively. Zero exposure was assumed for the unsampled time periods of 28 minutes, 49 minutes, 43 minutes and 40 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $3,901 · Current $1,000 Reduced

General-duty citation text

29 CFR  1910.242(a):  Hand and portable powered tools or equipment were not kept in safe condition:  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The Milwaukee 5" Grinder used by employees to cut stone was not kept in safe condition as it was used in a wet environment and the blade guard was altered to integrate a water supply.  Violation observed on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $3,121 · Current $1,000 Reduced

General-duty citation text

29 CFR  1910.304(a)(2):  Grounded conductors were attached to terminals or leads so as to reverse designated polarity:  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The outlet behind the patterns had the hot and neutral polarity reversed.  The outlet was used to power a Milwaukee cutting tool with water connected exposing workers to electrical shock hazards.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $5,461 · Current $3,000 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) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

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) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not develop and implement a written exposure control plan for employees conducting cutting and polishing activities on natural stone including quartz and granite.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $5,461 · Current $3,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(1):  Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134:  a) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not provide appropriate respiratory protection for employees performing cutting and polishing activities on natural stone such as granite and quartz.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(a)(2):   A respirator was not provided to each employee when necessary to protect the health of such employee:  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The employer did not provide suitable and appropriate respirators for employees performing cutting and polishing activities on stone such as granite, cambria and silestone which contain silica.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3) and 680 ug/m3 which are 6.9 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Penalty

Initial $5,461 · Current $3,000 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) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not assess the exposure of each employee performing cutting and polishing natural stone including granite, cambria and silestone which contain silica.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $5,461 · Current $3,000 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) Tri-State Stone & Tile, Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not institute a respiratory protection program for employees over-exposed to respirable crystalline silica.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Feb 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:  a) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not establish and implement a written respiratory protection program for employees required to wear respirators such as, but not limited to,  3M half mask, negative pressure respirators while performing cutting and polishing activities on granite, cambria and silestone which contain silica.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(d)(3)(i)(A):  The employer did not select a respirator that meets or exceeds the required level of employee protection:  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not select a respirator that meets the required level of protection for an employee performing cutting and polishing activities on granite, cambria and silestone which contain silica and was found to be over-exposed to silica.  The employee wore a 3M half mask, negative pressure respirator with Assigned Protection Factor of 10.  An employee using handheld grinding and polishing tools was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 680 ug/m3 which is 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time period 31 minutes.  At this exposure the employee would be required to wear a full face air purifying respirator.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

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) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The employer did not provide a medical evaluation for employees required to wear respirators such as 3M half mask, negative pressure respirator while performing cutting and polishing activities on granite, cambria and silestone.   Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2):29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting respirator is fit tested prior to initial use, whenever a differenct respirator facepiece (size, style, make or model) is used, and at least annually thereafter:  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The employer did not provide a fit test for an employee wearing a respirator such as, but not limited to, 3M half mask negative pressure respirator while performing cutting and polishing activities.   Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k)(1):The employer did not ensure that each employee can demonstrate knowledge of the requirements listed in 1910.134(k)(1)(i) through (k)(1)(vii):  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The employer did not provide training to employees who wore respirators such as, but not limited to, 3M half mask, negative pressure respirators while performing cutting and polishing activities on granite, cambria and silestone which contain respirable crystalline silica. Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $5,461 · Current $2,000 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) Tri-State Stone & Tile, Inc. located at 385 Franklin Rd, Rockaway, NJ  The employer did not make medical surveillance available to employees exposed to respirable crystalline silica at or above the action level for 30 or more days per year.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $1,000

Hazardous substances 9000

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) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not develop and implement a written hazard communication program for employees exposed to hazardous chemicals such as, but not limited to, propane  used in the finishing of countertops and respirable crystalline silica.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/05/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use:  a) Tri-State Stone & Tile, Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not have safety data sheets for each hazardous chemical such as, but not limited to, propane which was used to finish the countertops.  Violation occurred on or about 08/05/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Tri-State Stone & Tile, Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not provide effective information and training for to employees exposed to hazardous chemicals such as, but not limited to, propane used to finish countertops and respirable crystalline silica.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/05/2021.

Issued

Dec 16, 2021

Abate by

Mar 1, 2022

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) Tri-State Stone & Tile Inc. located at 385 Franklin Ave, Rockaway, NJ  The employer did not post signs at all entrances to regulated areas where employees performed cutting and polishing activities on natural stone including granite and quartz.  Employees using handheld grinding and polishing tools and Yuko stationary saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 340 micrograms per cubic meter (ug/m3), 550 ug/m3, and 680 ug/m3 which are 6.9, 11.0 and 13.7 time the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for unsampled time periods of 16 minutes, 43 minutes and 31 minutes respectively.  Violation occurred on or about 08/19/2021.