OSHA Inspection: MARIO OLIVEIRA ENTERPRISES, INC.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $5,313 · Current $2,657 Reduced

Hazardous substances 81108111

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 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.  A fabricator in the open grinding area was exposed to a noise dose of 530.3%, or an equivalent dBA of 102.0 dBA, which was capable of causing permanent hearing loss. The sampling was performed for 386 minutes during one shift on June 7, 2023. The employer did not have a continuing, effective hearing conservation program.  b.  A fabricator in the open grinding area was exposed to a noise dose of 505.4%, or an equivalent dBA of 101.7 dBA, which was capable of causing permanent hearing loss. The sampling was performed for 378 minutes during one shift on June 7, 2023. The employer did not have a continuing, effective hearing conservation program.  c.   A fabricator in the enclosed grinding area was exposed to a noise dose of 263.6%, or an equivalent dBA of 97.0  dBA, which was capable of causing permanent hearing loss. The sampling was performed for 378 minutes during one shift on June 7, 2023. The employer did not have a continuing, effective hearing conservation program.  d.   A fabricator in the wet cutting area was exposed to a noise dose of 111.3%, or an equivalent dBA of 90.8 dBA, which was capable of causing permanent hearing loss. The sampling was performed for 388 minutes during one shift on June 7, 2023. The employer did not have a continuing, effective hearing conservation program.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $5,313 · Current $2,657 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(c):  The employer shall ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:  a. Open Grinding Area:  On June 7, 2023, the employer exposed an employee to an 8-hour calculated Time Weighted Average (TWA) of 54.0 micrograms per cubic meter of air which is 1.1 times the 8-hour time weighted average Permissible Exposure Level (PEL) of 50.0 micrograms per cubic meter of air while grinding and sanding marble and granite. Results were calculated based on the 258-minute sampling period.

Issued

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(1):  The employer shall assess the exposure of each employee who is 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. Open Grinding Area:  On or about June 7, 2023, the employer exposed employees to hazards associated with respirable crystalline silica in that the employer did not conduct initial exposure monitoring while employees grinded and sanded marble and granite.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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. Open Grinding Area: A fabricator was exposed to Respirable Crystalline Silica at a time weighted average (TWA) of 54.0 micrograms per cubic meter (ug/m3), 1.1 times the permissible exposure limit of 50.0 (ug/m3). The sampling was performed for 258 minutes on June 7, 2023. The employer did not establish a regulated area.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

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. Open Grinding Area: On or about June 7, 2023, the employer exposed employees to hazards associated with respirable crystalline silica, in that the employer did not develop or implement a written exposure control plan to limit employee exposure to respirable crystalline silica.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(2): Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134:  a. Open Grinding Area: On or about June 7, 2023, the employer exposed employees to respiratory hazards in that the employer required employees grinding and sanding to use a 3M N95 respirator without first developing and implementing a written respirator program.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

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. Open Grinding Area: On or about June 7, 2023, the employer exposed employees to respiratory hazards in that the employer required the use of NIOSH approved 3M N95 respirators by grinding employees without first providing a medical evaluation to determine if an employee was able to wear a respirator or not.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a. Open Grinding Area: On or about June 7, 2023, the employer exposed employees to respiratory hazards in that the employer required the use of NIOSH approved 3M N95 respirators when grinding and employees were not required to pass a qualitative or quantitative fit test to ensure they are provided appropriate level of protection.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:   a. Open Grinding Area: On or about June 7, 2023, the employer exposed employees to respiratory hazards in that the employer required the use of NIOSH approved 3M N95 respirators when grinding and employees were not provided respirator training.

Issued

Nov 30, 2023

Abate by

Feb 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(i)(1)(i):Medical surveillance-(1) General. (i) The employer shall 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. Open Grinding Area: On or about June 7, 2023, the employer exposed employees to hazards associated with respirable crystalline silica in that the employer did not make available medical examinations to determine baseline exposure to employees that would be potentially exposed to respirable crystalline silica.