OSHA Inspection: HILLTOP SLATE, INC.

Issued

Apr 22, 2024

Abate by

May 28, 2024

Penalty

Initial $4,610 · Current $2,996 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  (a) On and before 11/13/2023, at facility, for the supervisor operating a fork truck to move pallets.  The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l).

Issued

Apr 22, 2024

Abate by

May 28, 2024

Penalty

Initial $6,452 · Current $4,194 Reduced

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) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3. The exposure level was calculated from two samples collected over a 333-minute period; the calculation include a zero value for the 147 minutes not sampled.

Issued

Apr 22, 2024

Abate by

May 28, 2024

Penalty

Initial $0 · Current $0

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) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is calculated from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement engineering controls and work practice controls to reduce exposure below the PEL.  Note: Feasible engineering and work practice controls include and are not limited to:  1. Wet Methods 2. Installation of local exhaust ventilation that is in proximity to all cutting and trimming operations.  3. Worker Rotation

Issued

Apr 22, 2024

Abate by

May 2, 2024

Penalty

Initial $6,452 · Current $4,194 Reduced

General-duty citation text

29 CFR  1910.1053(g)(1): Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134:   a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement an appropriate respirator by providing a KN95 with ear loops.

Issued

Apr 22, 2024

Abate by

May 2, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(3)(i)(B)(1): The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration:   a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not select an appropriate respirator by providing a KN95 with ear loops.

Issued

Apr 22, 2024

Abate by

May 28, 2024

Penalty

Initial $6,452 · Current $4,194 Reduced

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) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement a worksite-specific respiratory protection program.  Abatement Note:  The Respiratory Protection Program shall include the following sections:  (1) Procedures for selecting respirators for use in the workplace; (2) Medical evaluations of employees required to use respirators; (3) Fit testing procedures for tight-fitting respirators; (4) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; (5) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (6) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere- supplying respirators (if used); (7) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (8) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and (9) Procedures for regularly evaluating the effectiveness of the program.

Issued

Apr 22, 2024

Abate by

May 28, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:    a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement a worksite-specific respiratory protection program.  Abatement Note:  The Respiratory Protection Program shall include the following sections:  (1) Procedures for selecting respirators for use in the workplace; (2) Medical evaluations of employees required to use respirators; (3) Fit testing procedures for tight-fitting respirators; (4) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; (5) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (6) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere- supplying respirators (if used); (7) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (8) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and (9) Procedures for regularly evaluating the effectiveness of the program.

Issued

Apr 22, 2024

Abate by

May 28, 2024

Penalty

Initial $6,452 · Current $4,194 Reduced

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 will be occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:   a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement a medical surveillance program.

Issued

Apr 22, 2024

Abate by

Apr 30, 2024

Penalty

Initial $6,452 · Current $4,194 Reduced

General-duty citation text

29 CFR  1910.1053(j)(2): The employer did not post signs 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   a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement proper signage.

Issued

Apr 22, 2024

Abate by

Apr 30, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1053(e)(2)(ii): The employer failed to post signs at all entrances to regulated areas:   a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not implement proper signage.

Issued

Apr 22, 2024

Abate by

May 10, 2024

Penalty

Initial $6,452 · Current $4,194 Reduced

General-duty citation text

29 CFR  1910.1053(j)(3)(i)(D): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the contents of this section:    a) On or about 2/15/2024, an employee conducting trimming operations on roofing slate, was exposed to a Time-Weighted Average level of 64.44 ug/m3;, which is approximately 1.29 times the Permissible Exposure Limit for crystalline silica of 50 ug/m3;. The exposure level is derived from two samples collected over a 333-minute period; the calculations include a zero value for the 147 minutes not sampled.  The employer did not provide training on the silica standard to employees.