OSHA Inspection: CREATIVE STONE MFG., INC.

Issued

Jul 19, 2022

Abate by

Sep 30, 2022

Penalty

Initial $13,674 · Current $8,000 Reduced

Hazardous substances 8130

General-duty citation text

29 CFR  1910.95(b)(1):When employees were subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls were not utilized:  a.) 33865 United Ave, Pueblo, CO 81001: On or about June 15, 2022, and at times prior, employees were subjected to sounds exceeding those listed in 1910.95 Table G-16 without feasible administrative or engineering controls being utilized.  On June 15, 2022, OSHA conducted noise dosimetry; four out of ten employees experienced peak noise levels ranging from 140-143.5 dBA.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Sep 30, 2022

Penalty

Initial $11,396 · Current $7,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(g)(1):The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not provide audiometric testing to employees who were exposed to hazardous noise based on previous noise dosimetry data.  The employer established an audiometric program and tested employees on October 19, 2020, however the program was not maintained in that new employees were not given baseline audiograms and employees exposed to hazardous noise were not given annual audiograms thereafter. On or about June 15, 2022, OSHA conducted noise dosimetry and found an employees exposed to noise at 90.5dB.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 81118130

General-duty citation text

29 CFR  1910.95(i)(3):Employees were not given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer:  a.) 33865 United Ave, Pueblo, CO 81001: On or about June 15, 2022, and at times prior, employees were not provided a variety of suitable hearing protectors.  Employees were provided a single type of hearing protection device while working in hazardous noise conditions.

Issued

Jul 19, 2022

Abate by

Aug 5, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 81118130

General-duty citation text

29 CFR  1910.95(i)(5):The employer did not ensure proper initial fitting and supervise the correct use of all hearing protectors:  a.) 33865 United Ave, Pueblo, CO 81001: On or about June 15, 2022, and at times prior, employees were exposed to hazardous noise due to improperly fitted hearing protection devices.  During the June 15, 2022 walkthrough of the facility, four employees were observed to be wearing improperly fitted hearing protection devices.  Abatement Note: Abatement certification is required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 19, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(k)(1):The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, employees who were exposed to noise at or above an 8-hour TWA of 85 decibels were not trained on exposure to hazardous noise.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 5, 2022

Penalty

Initial $6,837 · Current $2,000 Reduced

Hazardous substances 90009130

General-duty citation text

29 CFR  1910.134(c)(2)(ii):The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:  a.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not provide a written program when employees voluntarily wore half-face elastomeric respirators.  Employees in the painting area voluntarily wear half-face elastomeric respirators.  There was no written program established for use of voluntary respirators.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 5, 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.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not provide a medical evaluation to employees who voluntarily wore half-face elastomeric respirators in the workplace.  Employees in the painting area wore half-face elastomeric respirators and were not medically evaluated prior to use.   Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 5, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:   a.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not ensure respirators were cleaned using procedures in Appendix B-2 or equivalent procedures recommended by the manufacturer.  Employees voluntarily using half-face elastomeric respirators were not cleaning respirators in accordance with procedures in Appendix B-2 or equivalent procedures recommended by the manufacturer.  Employees were washing and re-using respirator filters instead of disposing of them and replacing with new filters on a routine basis.   Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(h)(4):Respirators that failed an inspection or were otherwise found to be defective were not removed from service and discarded or repaired:    (a) a.) 33865 United Ave, Pueblo, CO 81001: On or about June 15, 2022, and at times prior, employees used a defective respirator while performing tasks which exposed them to respirable crystalline silica.  During the June 15, 2022 walkthrough a respirator used by an employee was observed to be in poor condition.  The half-face elastomeric respirator had worn and fraying head straps and the particulate matter cartridges were frayed and degraded.

Issued

Jul 19, 2022

Penalty

Initial $9,116 · Current $4,440 Reduced

General-duty citation text

29 CFR  1910.212(a)(1):One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:  a.) 33865 United Ave, Pueblo, CO 81001: On or about June 15, 2022, and at times prior, employees were exposed to laceration and amputation hazards due to the guard on a saw next to the production line not being affixed in a manner which protected employees from exposure to the saw blade while cutting.

Issued

Jul 19, 2022

Abate by

Aug 19, 2022

Penalty

Initial $13,674 · Current $8,000 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.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not conduct exposure assessment for employees who may reasonably be expected to be exposed to respirable crystalline silica at or above the action level.  OSHA conducted exposure assessments on February 1, 2022 and found one employee was exposed to an 8-hour Time-Weighted Average of 41 micrograms per cubic meter of respirable crystalline silica, above the Action Level of 25 micrograms per cubic meter.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 5, 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.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not have a written exposure control plan where employees were known to be exposed to respirable crystalline silica.  OSHA conducted personal exposure sampling on February 1, 2022 and found one employee was exposed to an 8-hour Time-Weighted Average of 41 micrograms per cubic meter of respirable crystalline silica, above the Action Level of 25 micrograms per cubic meter.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 5, 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.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not establish a hazard communication program which included respirable crystalline silica.  OSHA conducted personal exposure sampling on February 1, 2022 and found one employee was exposed to an 8-hour Time-Weighted Average of 41 micrograms per cubic meter of respirable crystalline silica, above the Action Level of 25 micrograms per cubic meter.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Jul 29, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 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; and, (E) the purpose and a description of the medical surveillance program required by paragraph (i) of this section:  a.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, the employer did not train employees on the items listed in 29 CFR 1910.1053(j)(3)(i).  Employees could not demonstrate knowledge of health hazards associated with exposure to respirable crystalline silica, specific tasks which result in exposure to respirable crystalline silica, measures the employer has taken to protect employees from exposure, the contents of the respirable crystalline silica standard, and the purpose and description of a medical surveillance program.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Aug 5, 2022

Penalty

Initial $34,183 · Current $15,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(h)(1):The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure were feasible:  a.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, employees cleaned floors on the production line using dry sweeping.  Employees are exposed to respirable crystalline silica while working on the production line.   OSHA conducted personal exposure sampling on February 1, 2022 and found one employee was exposed to an 8-hour Time-Weighted Average of 41 micrograms per cubic meter of respirable crystalline silica, above the Action Level of 25 micrograms per cubic meter.  Creative Stone Mfg. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR  1910.1053(h)(1), which was contained in OSHA inspection number 1459284, citation number 1, item number 3 a, and was affirmed as a final order on 05/28/20, with respect to a workplace located at 59 Franklin Street, Westfield, NY 14787.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

Jul 19, 2022

Abate by

Jul 29, 2022

Penalty

Initial $0 · Current $0

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.)  33865 United Ave, Pueblo, CO 81001: On or about February 1, 2022, and at times prior, employees were permitted to use compressed air to clean clothing and surfaces.  Employees are exposed to respirable crystalline silica while working on the production line.   OSHA conducted personal exposure sampling on February 1, 2022 and found one employee was exposed to an 8-hour Time-Weighted Average of 41 micrograms per cubic meter of respirable crystalline silica, above the Action Level of 25 micrograms per cubic meter.  Creative Stone Mfg. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR  1910.1053(h)(1), which was contained in OSHA inspection number 1459284, citation number 1, item number 3 b, and was affirmed as a final order on 05/28/20, with respect to a workplace located at 59 Franklin Street, Westfield, NY 14787.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).