OSHA Inspection: AMERICAN VETERAN CONTRACTING SOLUTIONS, LLC

Issued

Nov 20, 2023

Abate by

Jan 10, 2024

Penalty

Initial $4,465 · Current $2,750 Reduced

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:  On or about May 31, 2023, and at times prior thereto, an effective hearing conservation program that included noise monitoring, hearing tests, and required use of hearing protectors was not administered for employees who were exposed to workplace noise at an 8-hour time-weighted average sound level of 92.6 dBA, or equivalently a noise dose of 144% during manufacturing operations for marble headstones.  The noise monitoring result was derived from personal sampling times of 444 minutes and non-sampled times of 26 minutes were assumed to be zero noise exposures.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $4,465 · Current $2,750 Reduced

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:  On or about May 30, 2023, and at times prior thereto, a written respiratory protection program was not established and implemented for employees required to wear respirators during manufacturing operations for marble headstones which exposes employees to respiratory hazards.

Issued

Nov 20, 2023

Abate by

Mar 1, 2024

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:  On or about May 30, 2023, and at times prior thereto, medical evaluations for respirator use were not provided to employees who were required to wear half face respirators during manufacturing operations for marble headstones.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  On May 30, 2023, and at times prior thereto, respirator fit testing was not provided to employees who are required to wear tight-fitting half mask respirators during manufacturing operations for marble headstones.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(1)(i):  Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  On or about May 30, 2023, dust was present on the inner surface of a half mask elastomeric respirator used by an employee during manufacturing operations for marble headstones which exposes the employee to respiratory hazards.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1):29 CFR 1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i) through 1910.134(k)(1)(vii):  On or about May 30, 2023, and at times prior thereto, employees required to wear respirators during manufacturing operations for marble headstones, were not provided with effective respiratory protection training and were exposed to respiratory hazards.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $3,572 · Current $2,250 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:   On or about May 30, 2023, and at times prior thereto, an energy control procedure was not developed and documented for control of potentially hazardous energy where employees performed service or maintenance work on a radius machine.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $2,750

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:  On or about May 30, 2023, and at times prior thereto, employees dry swept and brushed from surfaces, marble dust that contained crystalline silica, when HEPA-filtered vacuuming or other methods were feasible.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $0

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:  On or about May 30, 2023, and at times prior thereto, employees cleaned using compressed air without a ventilation system to capture blown marble dust, which exposed employees to respirable crystalline silica.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $4,465 · Current $2,750 Reduced

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:  On or about May 31, 2023, and at times prior thereto, there was no assessment done through the performance option or monitoring option, of the exposure of each employee to respirable crystalline silica during manufacture of marble headstones.  Employee 8-hour time-weighted average exposure to respirable crystalline silica was above the action level as follows:  a.  An employee was exposed to 30.2 ug/m3 of respirable crystalline silica. The sampling was for 230 minutes and the remaining time of 250 minutes was calculated as a period of zero exposure.    b.  An employee was exposed to 28 ug/m3 of respirable crystalline silica. The sampling was for 230 minutes and the remaining time of 44 minutes was calculated as a period of zero exposure.    c.  An employee was exposed to 27 ug/m3 of respirable crystalline silica. The sampling was for 434 minutes and the remaining time of 46 minutes was calculated as a period of zero exposure.

Issued

Nov 20, 2023

Abate by

Mar 1, 2024

Penalty

Initial $0 · Current $0

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:  On or about May 31, 2023, and at times prior thereto, a medical evaluation was not provided to employees who used grinders on marble slabs and who were occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $4,465 · Current $2,750 Reduced

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:  On or about May 31, 2023, and at times prior thereto, a written exposure control plan for respirable crystalline silica was not established and implemented where employees were exposed to respirable crystalline silica above the action limit during manufacture of marble headstones.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $0

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):     On or about May 30, 2023, and at times prior thereto, a written hazard communication program was not developed and implemented that included respirable crystalline silica where employees engaged in manufacture of marble headstones were exposed to respirable crystalline silica above the action limit.

Issued

Nov 20, 2023

Abate by

Dec 15, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.141(g)(2): Employees were permitted to consume food or beverage in area(s) exposed to toxic materials:  On or about May 31, 2023, and at times prior thereto, employees took meal breaks in an area contaminated with marble dust and exposed employees crystalline silica ingestion hazards.