OSHA Inspection: SAUL ESCOBAR

Issued

Aug 8, 2023

Abate by

Sep 25, 2023

Penalty

Initial $4,688 · Current $2,250 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 1910.95(c) through (o) whenever employee noise exposures equaled or exceeded an 8-hour time-weighted average sound level of 85 decibels measured on the A scale or, equivalently, a dose of fifty percent:  (a) In the fabrication room, a fabricator was exposed to noise levels at 211.8% of the permissible 8-hour TWA (90 dBA).  The equivalent dBA level of 211.8% is approximately 95.4 dBA.  Sampling was performed for 539 minutes during one shift.    (b) In the fabrication room, a fabricator/supervisor was exposed to noise levels at 113.5% of the permissible 8-hour TWA (90 dBA).  The equivalent dBA level of 113.5% is approximately 90.9 dBA.  Sampling was performed for 546 minutes during one shift.   (c) In the fabrication shop, a polisher was exposed to noise levels at 122.9% of the permissible 8-hour TWA (90 dBA).  The equivalent dBA level of 122.9% is approximately 91.4 dBA.  Sampling was performed for 544 minutes during one shift.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $4,688 · Current $2,250 Reduced

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) The employer did not establish and implement a written respiratory protection program for employees required to wear respirators during stone countertop fabrication.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(d)(3)(i)(B)(1): The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration:  (a) In the fabrication room, an employee who fabricated stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 4000 ug/m3, approximately 80 times the permissible exposure limit of 50 ug/m3, and the employer provided the employee with a half-mask, air-purifying respirator that had a protection factor of 10 and a maximum use concentration of 500 ug/m3.  (b) In the fabrication room, an employee who fabricated stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 3600 ug/m3, approximately 72 times the permissible exposure limit of 50 ug/m3, and the employer provided the employee with a half-mask, air-purifying respirator that had a protection factor of 10 and a maximum use concentration of 500 ug/m3.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

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) In the fabrication room, employees who fabricated stone countertops were required by the employer to wear half-mask air-purifying respirators without first being medically evaluated to determine their fitness to wear the respirators.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, make or model) was used, and at least annually thereafter:  (a) In the fabrication room, employees who fabricated stone countertops wore half-mask elastomeric facepiece or filtering facepiece respirators without first being fit tested.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

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) In the fabrication room, a fabricator/supervisor was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 4000 micrograms per cubic meter (ug/m3) of air, approximately 80 times the permissible exposure limit of 50 ug/m3.  Sampling was performed for 472 minutes during one shift on March 7, 2023.  Zero exposure was assumed for the unsampled time.  (b) In the fabrication room, a fabricator was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration 3600 micrograms per cubic meter (ug/m3) of air, approximately 72 times the permissible exposure limit of 50 ug/m3.  Sampling was performed for 479 minutes during one shift on March 7, 2023.  Zero exposure was assumed for the unsampled time.

Issued

Aug 8, 2023

Abate by

Sep 25, 2023

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:  Engineering and work practice controls were not used to reduce and maintain employee exposure to respirable crystalline silica to or below the permissible exposure limit.  (a) In the fabrication room, a fabricator/supervisor was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 4000 micrograms per cubic meter (ug/m3) of air, approximately 80 times the permissible exposure limit of 50 ug/m3.  Sampling was performed for 472 minutes during one shift on March 7, 2023.  Zero exposure was assumed for the unsampled time.  (b) In the fabrication room, a fabricator was exposed to respirable crystalline silica at an 8-hour time-weighted average concentration of 3600 micrograms per cubic meter (ug/m3) of air, approximately 72 times the permissible exposure limit of 50 ug/m3.  Sampling was performed for 479 minutes during one shift on March 7, 2023.  Zero exposure was assumed for the unsampled time.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $0 · Current $0

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) In the fabrication room, employees who fabricated stone countertops were exposed to respirable crystalline silica above the permissible exposure limit and the employer did not provide an appropriate respirator and institute a respiratory protection program in accordance with 29 CFR 1910.134.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $4,688 · Current $2,250 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) In the fabrication room, employees used angle grinders equipped with cutting blades without guards during fabrication of stone countertops.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.243(c)(3): Abrasive wheels used on vertical portable grinder(s) (right angle head grinders) were not provided with safety guard(s) having a maximum exposure angle of 180 degrees and located between the operator and wheel:  (a) In the fabrication room, employees used angle grinders equipped with abrasive wheels without guards during fabrication of stone countertops.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $4,688 · Current $2,250 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) In the fabrication shop, the employer did not assess the exposure of each employee, including fabricators and polishers, who were exposed to respirable crystalline silica at or above the action level of 25 ug/m3, calculated as an 8-hour time-weighted average, during stone countertop fabrication.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $4,688 · Current $2,250 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(ii): The employer did not post signs at all entrances to regulated areas:  (a) At entrances to the fabrication room, the employer did not post the required signage that included the following language: DANGER - RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER -  CAUSES DAMAGE TO LUNGS - WEAR RESPIRATORY PROTECTION IN THIS AREA - AUTHORIZED PERSONNEL ONLY.  On or about March 7, 2023, employees who fabricated stone countertops in the fabrication room were exposed to respirable crystalline silica above the permissible exposure limit.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

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).  The employer did not ensure that each employee had access to safety data sheets, and was trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer did not ensure that at least the following hazards were addressed: Cancer, lung effects, immune system effects, and kidney effects:  (a) In the fabrication shop, employees were exposed to respirable crystalline silica during stone countertop fabrication and the employer did not include respirable crystalline silica in a hazard communication program.  Employees did not have access to safety data sheets and were not trained on the health effects of silica and the contents of the silica standard, 29 CFR 1910.1053.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

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) At entrances to the fabrication room, the employer did not post the required signage.  On or about March 7, 2023, employees who fabricated stone countertops in the fabrication room were exposed to respirable crystalline silica above the permissible exposure limit.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $0 · Current $0

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) The employer did not develop, implement, and maintain a written hazard communication program for employees who were exposed to hazardous chemicals during stone countertop manufacturing including, but not limited to, respirable crystalline silica.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $3,349 · Current $2,250 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) In the fabrication shop, employees were exposed to respirable crystalline silica during stone countertop fabrication and the employer did not establish a written exposure control plan that included the following: a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $4,688 · Current $2,250 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) In the fabrication room, employees used compressed air for cleaning, creating a dust cloud and contributing to respirable crystalline silica exposures.

Issued

Aug 8, 2023

Abate by

Sep 1, 2023

Penalty

Initial $4,688 · Current $2,250 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) The employer did not make medical surveillance available to employees, including fabricators and polishers, who were exposed to respirable crystalline silica at concentrations greater than the action level of 25 micrograms per cubic meter of air (ug/m3), as an 8-hour time-weighted average, during stone countertop fabrication.