OSHA Inspection: KERRICO CORPORATION

Issued

Sep 29, 2023

Abate by

Apr 22, 2024

Penalty

Initial $6,250 · Current $2,500 Reduced

Hazardous substances E200

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm, including severe burns, to employees in that employees were exposed to fire, flash fire, deflagration, or explosion hazards from dust collectors located inside a building:  a) Grinding Booth: Two dust collectors (Donaldson ECB), used to capture the combustible dust generated by grinding on cultured marble countertops, were located inside the building and not equipped with explosion protection systems, on or about June 8, 2023.  ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $2,500 Reduced

Hazardous substances E200M102

General-duty citation text

29 CFR 1910.22(a)(1): All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition:  a) Finishing Department:  The work area where cultured marble countertops were finished contained hazardous accumulations of combustible dust located on the walls, floor, ceiling and roof structures, dust collection equipment, and electrical installations, on or about July 12, 2023.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Penalty

Initial $3,036 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.29(b)(1): The employer did not ensure that  guardrail systems met the requirement that the top edge height of top rails, or equivalent guardrail system members, be 42 inches, plus or minus 3 inches, above the walking-working surface:  a) Pour Platform: Employees were exposed to an approximate seven-foot fall hazard while working from a raised platform (step), and the top rail of the guardrail was less than 42 inches (plus or minus 3 inches) above the walking-working surface, on or about June 8, 2023.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Penalty

Initial $3,795 · Current $1,250 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR  1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  a) Grinding Booth: An employee was exposed to continuous noise at 187.8% of the exposure level of 90 dBA or an 8-hour time-weighted average of 94.5 dBA. This exposure was observed over a 202 minute sampling period. Zero exposure was assumed for the 278 minutes not sampled.  The employer did not develop and implement a noise monitoring program for those employees exposed over the action level of 85 dBA, on or about August 30, 2023.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Nov 9, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

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) Grinding Booth: An employee was exposed to continuous noise at 187.8% of the exposure level of 90 dBA or an 8-hour time-weighted average of 94.5 dBA. This exposure was observed over a 202 minute sampling period. Zero exposure was assumed for the 278 minutes not sampled. The employer did not establish and maintain an audiometric testing program for those employees exposed over the action level of 85 dBA, on or about August 30, 2023.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Nov 9, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

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) Grinding Booth: An employee was exposed to continuous noise at 187.8% of the exposure level of 90 dBA or an 8-hour time-weighted average of 94.5 dBA. This exposure was observed over a 202 minute sampling period. Zero exposure was assumed for the 278 minutes not sampled. The employer did not provide noise training program to those employees exposed over the action level of 85 dBA, on or about August 30, 2023.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $4,554 · Current $2,000 Reduced

Hazardous substances 15939135

General-duty citation text

29 CFR  1910.134(a)(2): A respirator was not provided by the employer to each employee when such equipment was necessary to protect the health of the employee:  a) Finishing Tables: An employee was overexposed to total dust while sanding and buffing cultured marble countertops, and the employer did not provide the employee with respiratory protection, on or about July 12, 2023.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 15939135

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  a) Finishing Tables: An employee was overexposed to total dust while sanding and buffing cultured marble countertops, and the employer did not identify and evaluate the respiratory hazard in the workplace, on or about July 12, 2023.    ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Penalty

Initial $3,036 · Current $1,000 Reduced

Hazardous substances 15939135

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) Grinding Booth: An employee was required to wear a powered air-purifying respirator (PAPR) while grinding on cultured marble countertops, and the employer did not establish a written respiratory protection program, on or about June 8, 2023.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 15939135

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) Grinding Booth: An employee was required to wear a powered air-purifying respirator (PAPR) while grinding on cultured marble countertops, and the employer did not provide the employee with a respirator medical evaluation, on or about June 8, 2023.   ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Jun 7, 2024

Penalty

Initial $4,554 · Current $2,000 Reduced

Hazardous substances 15939135

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of particulates not otherwise regulated listed in Table Z-1 in excess of the 8 hour Time Weighted Average concentration of 15 milligrams per cubic meter:  a) Grinding Booth and Finishing Tables: An employee was exposed to particulates not otherwise regulated (total dust) at an 8-hour time-weighted average of 209 milligrams per cubic meter of air, approximately 14 times the Permissible Exposure Limit of 15 milligrams per cubic meter of air.  Sampling was performed for 454 minutes on July 12, 2023.  Zero exposure was assumed for the 26 minutes not sampled.   b) Finishing Tables: An employee was exposed to particulates not otherwise regulated (total dust) at an 8-hour time-weighted average of 22.4 milligrams per cubic meter of air, approximately 1.5 times the Permissible Exposure Limit of 15 milligrams per cubic meter of air.  Sampling was performed for 461 minutes on July 12, 2023.  Zero exposure was assumed for the 19 minutes not sampled.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Sep 29, 2023

Abate by

Jun 7, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 15939135

General-duty citation text

29 CFR  1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):  a) Grinding Booth and Finishing Tables: An employee was exposed to particulates not otherwise regulated (total dust) at an 8-hour time-weighted average of 209 milligrams per cubic meter of air, approximately 14 times the Permissible Exposure Limit of 15 milligrams per cubic meter of air.  Sampling was performed for 454 minutes on July 12, 2023.  Zero exposure was assumed for the 26 minutes not sampled.  The employer did not implement feasible administrative and/or engineering controls to reduce employee exposure levels to below the calculated Permissible Exposure Limit for total dust.    b) Finishing Tables: An employee was exposed to particulates not otherwise regulated (total dust) at an 8-hour time-weighted average of 22.4 milligrams per cubic meter of air, approximately 1.5 times the Permissible Exposure Limit of 15 milligrams per cubic meter of air.  Sampling was performed for 461 minutes on July 12, 2023.  Zero exposure was assumed for the 19 minutes not sampled.  The employer did not implement feasible administrative and/or engineering controls to reduce employee exposure levels to below the calculated Permissible Exposure Limit for total dust.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED   GENERAL METHODS OF CONTROL APPLICABLE IN THESE CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:  - Use grinders, sanders, and buffers which are equipped with integral dust collection systems.  - Utilize local exhaust ventilation to capture the cloud of dust directly at the grinding, sanding, and buffing points of operation.  The ventilation duct should be positioned as close to dust generation source as feasible and in a manner that prevents the cloud of dust from entering the employee's breathing zone.    - When feasible, utilize wet methods (e.g., wet sanding) to control the dust generated by finishing operations on cultured marble surfaces.   - Rotate employees into areas with lower dust levels to reduce their daily exposure.