OSHA Inspection: BLACK BAY VENTURES VI, LLC

Issued

2023-11-29 00:00:00

Abate by

2024-10-04 00:00:00

Penalty

Initial $10938.00 · Current $6312.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.94(a)(3)(i)(b): The rate of exhaust was not sufficient to provide prompt clearance of the dust-laden air within the enclosure after the cessation of blasting:  Inside the sandblasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that prompt clearance of dust-laden air was sufficiently exhausted.  Personal air sampling results revealed that employees are exposed to airborne respirable crystalline silica at a concentration of 285 micrograms per cubic meter (ug/m3), as an 8-hour time-weighted average, during sandblasting operations.   Employees utilized an airline supplied hood respiratory protection system during the process.  The permissible exposure limit is 50 ug/m3 as an 8-hour TWA.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.94(a)(3)(i)(e)(1):  The employer did not ensure that abrasive blast-cleaning enclosure doors are flanged and tight as required.  Inside and around the sandblasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, employees who perform sandblasting operations, are exposed to respirable crystalline silica (RCS) and a visible gap can be seen along the top of the door, when completely closed.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $10938.00 · Current $6312.00 Reduced

Hazardous substances S120

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of respirable silicon listed in Table Z-1 in excess of the 8-hour Time Weighted Average concentration of 6.988 milligrams per cubic meter (mg/m3:)   Inside the aluminum oxide blasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, an employee performing aluminum abrasive blasting was exposed to an 8-hour TWA of respirable silicon concentration of 6.988 mg/m3.  Employees utilized an airline supplied hood respiratory protection system during the process.  The 8-hr TWA permissible exposure limit is 5 mg/m3.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S120

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):  Inside the aluminum oxide blasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, an employee performing aluminum abrasive blasting was exposed to an 8-hour TWA of respirable silicon concentration of 6.988 mg/m3.  Feasible engineering controls were not implemented to reduce employee exposure below the respirable fraction permissible exposure limit of 5.0 mg/m3.

Issued

2023-11-29 00:00:00

Abate by

2024-10-04 00:00:00

Penalty

Initial $10937.00 · Current $7314.00 Reduced

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 (RCS) in excess of 50 micrograms per cubic meter (ug/m3), calculated as an 8-hour time-weighted average (TWA):  Inside the sandblasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that employees are not exposed to an airborne concentration of RCS in excess of 50 ug/m3 as an 8-hour TWA.  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour TWA concentration of 285.17 ug/m3 during abrasive sandblasting operations.  Employees utilized an airline supplied hood respiratory protection system during the process.

Issued

2023-11-29 00:00:00

Abate by

2024-10-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 (RCS) at or above the action level (AL) in accordance with either the performance option in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this section:  Inside the sandblasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not assess the exposure of employees, who perform abrasive sandblasting, who may be exposed to RCS at or above the AL.  Personal air sampling results revealed that employees are exposed to airborne RCS as an 8-hour time-weighted average (TWA) concentration of 285 ug/m3 during sandblasting operations.   The AL for RCS is 25 ug/m3 as an 8-hour TWA.

Issued

2023-11-29 00:00:00

Abate by

2024-10-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 (RCS) to or below the permissible exposure limit (PEL), unless the employer can demonstrate that such controls are not feasible:  Inside the sandblasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that engineering controls were sufficiently used in order to maintain exposure to RCS.  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour time-weighted average (TWA) concentration of 284 micrograms per cubic meter (ug/m3) during abrasive sandblasting operations.   The permissible exposure limit is 50 ug/m3 as an 8-hour TWA.

Issued

2023-11-29 00:00:00

Penalty

Initial $10938.00 · Current $6312.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(d)(3)(i): The employer did not perform initial monitoring to assess the 8-hour time weighted average (TWA) exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area:  Inside the sandblasting booth at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that initial monitoring was performed for employees who perform sandblasting operations using green grit sandblasting media, which contains 99% Silica dioxide (SiO2.)  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour TWA concentration of 285.17 micrograms per cubic meter (ug/m3) during abrasive sandblasting operations which is 5.7 times the permissible exposure limit of 50 ug/m3.  Employees utilized an airline supplied hood respiratory protection system during the process.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 (RCS) was, or could have been reasonably expected to be, in excess of the permissible exposure limit (PEL):  In the sandblasting booth area at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure a regulated area was established to identify the area(s) where employees are exposed to RCS above the PEL of 50 micrograms per cubic meter (ug/m3).  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour TWA concentration of 285.17 ug/m3 during abrasive sandblasting operations.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(2)(i):  The employer did not demarcate regulated areas from the rest of the workplace in a manner that minimized the number of employees exposed to respirable crystalline silica (RCS) within the regulated area:   In the sandblasting booth area at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not demarcate the regulated area, at the sandblasting booth, where there is a known overexposure to RCS. Without demarcation, non-abrasive blasters, administration worker, maintenance workers or contractors, and visitors are potentially exposed to RCS without being aware of its presence.

Issued

2023-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(2):  Signs. The employer did not post signs, as required, 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  In the sandblasting booth area at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not post signage at all entrances to the abrasive blasting booth alerting employees of the presence of respirable crystalline silica.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(i)(2): The employer did not make available an initial (baseline) medical examination within 30 days after initial assignment when the employee had not received a medical examination that meets the requirements of this section within the last three years.    In the sandblasting booth area at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that employees, who conduct sandblasting operations, are provided an initial baseline medical examination, prior to performing such duties, and then one every three years thereafter.  The examination shall consist of a medical and work history with an emphasis on past, present, and anticipated exposure to respirable crystalline silica (RCS), a physical examination, a chest x-ray, a pulmonary function test to include forced vital capacity, testing for latent tuberculosis, and other tests deemed necessary by the physician or other licensed health care professional (PLHCP).  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour time weighted average (TWA) concentration of 285.17 micrograms per cubic meter (ug/m3) during abrasive sandblasting operations. The permissible exposure limit is 50 ug/m3 as an 8-hour TWA.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(2)(i)(A): The written exposure control plan (ECP) did not contain a description of the tasks in the workplace that involve exposure to respirable crystalline silica (RCS):  In the facility at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that the written ECP contained a description of abrasive sandblasting tasks.  Within the written ECP, abrasive sandblasting, and a description thereof, was not included with efforts to minimize employee overexposure at five times the permissible exposure limit.  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour time weighted average (TWA) concentration of 285.17 micrograms per cubic meter (ug/m3) during abrasive sandblasting operations.  The permissible exposure limit is 50 ug/m3 as an 8-TWA.

Issued

2023-11-29 00:00:00

Abate by

2024-03-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(2)(i)(B): The written exposure control plan (ECP) did not contain a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica (RCS) for each task:  In the facility at 22 Mount Dumplin Rd. Palmer, MA:  On July 21, 2023, and at times prior, the employer did not ensure that the written ECP contained a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to RCS.   Abrasive sandblasting was not included in the written ECP, which details engineering control, administrative controls, and respiratory protection implemented to protected employees.  Personal air sampling results revealed that employees are exposed to airborne RCS at an 8-hour time weighted average (TWA) concentration of 285.17 micrograms per cubic meter (ug/m3) during abrasive sandblasting operations. The permissible exposure limit is 50 ug/m3 as an 8-TWA.