OSHA Inspection: PRESTIGE MARBLE & GRANITE INC.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $8,067 · Current $5,000 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 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) Prestige Marble & Granite - On or about October 26, 2023,  a Fabricator was exposed to continuous noise at 94.3% of the exposure level of 90 dBA or an 8 hour time weighted average of 89.5 dBA while performing cutting, grinding, and polishing of granite, marble, and engineered stone.  This exposure was observed over a 340 minute sampling period.   Zero exposure was assumed for the 140 minutes not sampled.  The employer did not develop and implement a hearing conservation program as required by paragraphs (c) through (o) of the standard.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

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) Prestige Marble & Granite - On or about October 26, 2023,  a Fabricator was exposed to continuous noise at 94.3% of the exposure level of 90 dBA or an 8 hour time weighted average of 89.5 dBA while performing cutting, grinding, and polishing of granite, marble, and engineered stone.  The employer did not develop and implement a representative monitoring program to assess the noise exposures for fabrication employees who could be exposed over the action level of 85 dBA.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Sep 6, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

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) Prestige Marble & Granite - On or about October 26, 2023,  a Fabricator was exposed to continuous noise at 94.3% of the exposure level of 90 dBA or an 8 hour time weighted average of 89.5 dBA while performing cutting, grinding, and polishing of granite, marble, and engineered stone.  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.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(i)(2)(ii)(A): The employer did not ensure that hearing protectors were worn by any employee who is exposed to an 8-hour time-weighted average of 85 decibels or greater, and had not yet had a baseline audiogram established pursuant to 29 CFR 1910.95(g)(5)(ii):  a) Prestige Marble & Granite - On or about October 26, 2023,  a Fabricator was exposed to continuous noise at 94.3% of the exposure level of 90 dBA or an 8 hour time weighted average of 89.5 dBA while performing cutting, grinding, and polishing of granite, marble, and engineered stone. The employer did not ensure mandatory use of hearing protectors for employees who had exposure greater than 85 dBA for a time weighted average, and had not yet had baseline audiograms.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

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) Prestige Marble & Granite - On or about October 26, 2023,  a Fabricator was exposed to continuous noise at 94.3% of the exposure level of 90 dBA or an 8 hour time weighted average of 89.5 dBA while performing cutting, grinding, and polishing of granite, marble, and engineered stone. The employer did not  institute a training program and ensure employee participation in the program for those employees exposed over the action level of 85 dBA.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $11,292 · Current $5,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(2):  Where respirator use was required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:   a) Prestige Marble & Granite - On or about February 1, 2024, employees performing dry cutting on marble, granite, and engineered stone were required to wear respiratory protection, and the employer did not have an established and implemented respiratory protection program.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

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) Prestige Marble and Granite - On or about October 26, 2023, employees were required to wear disposable, as well as elastomeric respirators, when dry cutting on marble and granite.  The employer did not have an established written respiratory protection program, nor were there any worksite specific procedures implemented as required under paragraphs(c)(1)(i)-(ix).  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Sep 6, 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) Prestige Marble and Granite - On or about October 26, 2023, employees were required to wear disposable, as well as elastomeric respirators, when dry cutting on marble and granite.   Employees required to wear respirators due to exposure were not provided a medical evaluation prior to using the respirator as required by this paragraph.     Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Sep 6, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2):  Employee(s) required to wear tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) Prestige Marble & Granite - On or about October 26, 2023, employees were required to wear disposable, as well as elastomeric respirators, when dry cutting on marble and granite and the employer did not fit-test employees on respirators prior to initial use.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  a) Prestige Marble & Granite - On or about October 26, 2023, employees were required to wear disposable, as well as elastomeric respirators, when dry cutting on marble and granite.  Employees required to wear respiratory protection had facial hair that came between the sealing surface of the facepiece and the face, or that interfered with valve function.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable, and effective training to employees who were required to use respirators.   a) Prestige Marble & Granite - On or about October 26, 2023, employees were required to wear disposable, as well as elastomeric respirators, when dry cutting on marble and granite.  The employer did not provide effective training on respirators in accordance with this section.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jun 1, 2026

Penalty

Initial $11,292 · Current $7,500 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 in excess of 50 ug/m3, calculated as an 8-hour TWA:   a) Prestige Marble & Granite - On or about February 1, 2024, an employee dry cutting granite and engineered stone in the "Bubble" was exposed to an 8 hour time weighted average of 720 ug/m³ of air.   This exposure is 14.35 times the permissible exposure limit (PEL) of 50 micrograms per cubic meter (ug/m³) of air . This exposure occurred over a 265 minute sampling period.  A zero exposure was assumed for the 115 minutes not sampled.  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.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jun 1, 2026

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:   a) Prestige Marble & Granite - On or about February 1, 2024, an employee dry cutting granite and engineered stone in the "Bubble" was exposed to an 8 hour time weighted average of 720 ug/m³ of air.   This exposure is 14.35 times the permissible exposure limit (PEL) of 50 micrograms per cubic meter (ug/m³) of air . This exposure occurred over a 265 minute sampling period.  A zero exposure was assumed for the 115 minutes not sampled.  The employer did not implement engineering and work practice controls in accordance with this section.  Feasible abatement methods include but are not limited to:    1) Utilize wet methods when dry cutting with handheld grinders, preferably equipped with water fed options equipped from the manufacturer. 2)  Improve or redesign the physical structure and/or ventilation draw of the ductwork to increase CFM and capture velocity.   ABATEMENT STEPS ARE AS FOLLOW:    STEP 1 - A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with the dates required by this citation:    1.  Evaluation of engineering control options;    2.  Selection of optimum control method and completion of design;    3.  Procurement, installation and operation of selected control measures;    4.  Testing and acceptance or modification/redesign of controls.    Note: All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person. Ninety- (90) day progress reports are required during the abatement period.  (The 90 day requirement can be shortened or lengthened by the area director depending on the specific circumstances.)    STEP 2 - Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $11,292 · Current $5,000 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) Prestige Marble & Granite - On or about February 1, 2024, employees were exposed to respirable crystalline silica above the action level while performing cutting of granite and engineered stone and the employer had not conducted monitoring to determine employee exposure in accordance with this section.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(ii): The employer failed to post signs at all entrances to regulated areas:   a) Prestige Marble & Granite - On or about February 1, 2024, an employee dry cutting granite and engineered stone in the "Bubble" was exposed to an 8 hour time weighted average of 720 ug/m³ of air.   This exposure is 14.35 times the permissible exposure limit (PEL) of 50 micrograms per cubic meter (ug/m³) of air . The employer did not post signs for regulated areas that bear the legend specified in paragraph (j)(2) of this section.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 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) Prestige Marble & Granite - On or about February 1, 2024, an employee dry cutting granite and engineered stone in the "Bubble" was exposed to an 8 hour time weighted average of 720 ug/m³ of air.   This exposure is 14.35 times the permissible exposure limit (PEL) of 50 micrograms per cubic meter (ug/m³) of air . The employer did not establish and implement a written silica exposure control plan.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

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 the employee, and at a reasonable time and place, for each employee who was occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year in accordance with the requirements of 1910.1053 (i)(2) paragraphs (i-vi):   a) Prestige Marble & Granite - On or about February 1, 2024, employees were exposed to respirable crystalline silica above the action level while performing cutting of granite and engineered stone and the employer did not provide medical surveillance in accordance with this section.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the following: (A) the health hazards associated with exposure to respirable crystalline silica; (B) specific tasks in the workplace that could result in exposure to respirable crystalline silica; (C) specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; (D) the contents of this section; and, (E) the purpose and a description of the medical surveillance program required by paragraph (i) of this section:   a) Prestige Marble & Granite - On or about February 1, 2024, employees were exposed to respirable crystalline silica above the action level while performing cutting of granite and engineered stone and the employer did not ensure that employees were informed and could demonstrate knowledge of the silica requirements in accordance with this section.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $8,067 · Current $2,500 Reduced

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):     a) Prestige Marble & Granite - On or about February 1, 2024, employees were exposed to respirable crystalline silica above the action level while performing cutting of granite and engineered stone and the employer did not include respirable crystalline silica in the  hazard  communication program.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 00409000

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) Prestige Marble & Granite - On or about October 26, 2023, employees were exposed to hazardous chemicals, such as but not limited to, epoxy resin and acetone, and the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program in accordance with this section.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.    ABATEMENT NOTE: A written program shall include descriptions of how the criteria for the following will be met: 1.  Labeling, pictograms, and other forms of warning; 2.  Safety Data Sheets; 3.  Employee information and training.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and of the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 00409000

General-duty citation text

29 CFR  1910.1200(g)(8):   The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s)  a) Prestige Marble & Granite - On or about October 26, 2023, employees were exposed to hazardous chemicals, such as but not limited to, respirable crystalline silica, epoxy resin and acetone, and the employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s), nor did the employer have an electronic means for employees to readily access SDSs for the chemicals in use.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 22, 2024

Abate by

Jul 31, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 00409000

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:   a) Prestige Marble & Granite - On or about October 26, 2023, employees were exposed to hazardous chemicals, such as but not limited to, respirable crystalline silica, epoxy resin and acetone, and the employer did not provide information and training on chemical hazards to include SDSs, pictograms, labeling, and the health and safety precautions of the chemicals.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.    ABATEMENT NOTE: Employees shall be informed of the following: 1. The requirements of this section; 2. Any operations where hazardous chemicals are present; 3. The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Safety Data Sheets.    Employee training shall include at least: 1. Methods and observations that may be used to detect the presence or release of hazardous chemical in the work area. 2. The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area. 3. The measures employees can take to protect themselves, such as specific procedures and personal protective equipment to be used. 4. The details of the employer's Hazard Communication Program including an explanation of the labels received on shipped containers and the workplace labeling system used by the employer; Pictograms, Safety Data Sheets, including the order of information and how employees can obtain and use the appropriate hazard information.