OSHA Inspection: THE MARBLE FACTORY INC

Issued

2024-06-14 00:00:00

Penalty

Initial $4610.00 · Current $2904.00 Reduced

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) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/2023 and thereafter, employee(s) were provided and required to use half-face air-purifying respirators, such as North 7700 series, for which the employer did not have a written program for administering the use of respiratory protection in the workplace. The employer required employees to wear respirators for airborne crystalline silica dust protection while operating automated saws to cut marble, granite and engineered stone, as well as polishing of cut pieces using hand-held orbital tools.

Issued

2024-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/2023 and thereafter,  employee(s) were provided and required to use half-face air-purifying respirators, such as North 7700 series, for which the employer did not provide a medical evaluation to employees to determine their ability to use a respirator before requiring use.  The employer required employees to wear respirators for airborne crystalline silica dust protection while operating automated saws to cut marble, granite and engineered stone, as well as polishing of cut pieces using hand-held orbital tools.   Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.

Issued

2024-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/ 2023 and thereafter, employee(s) were provided and required to use half-face air-purifying respirators, such as North 7700 series, for which training is not provided on respirator inspection, use (including seal-check), maintenance & storage.  The employer required employees to wear respirators for protection from airborne (silica-laden) dust while operating automated saws to cut marble, granite and engineered stone, as well as polishing of cut pieces using hand-held orbital tools without providing training prior to start of assignment.

Issued

2024-06-14 00:00:00

Penalty

Initial $5531.00 · Current $3485.00 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) Production Area(s) of The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/23, and thereafter, employee(s) operated TCM and Nissan forklift(s) within production areas without having received operator safety training and evaluation to ensure their competency; exposing them to hazard(s) of being struck by vehicles or falling loads.

Issued

2024-06-14 00:00:00

Penalty

Initial $4610.00 · Current $2904.00 Reduced

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) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/2023 and thereafter, employee(s) performed duties that may reasonably be expected to expose them to respirable crystalline silica at or above the action level, which included operating automated saws to cut marble, granite and engineered stone, as well as polishing of cut pieces using hand-held orbital tools. No assessment of exposure for these employee(s) was conducted by the employer as part of an Exposure Control Plan for silica.

Issued

2024-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1053(f)(2)(i):The employer did not establish and implement a written Exposure Control Plan designed to eliminate or minimize employee exposure:  (a) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/23, and thereafter, employee(s) performed duties that may reasonably be expected to expose them to respirable crystalline silica at or above the action level, which included operating automated saws to cut slabs of marble, granite and engineered stone as well as polishing of cut pieces using hand-held orbital tools. The employer did not have a written Silica Exposure Control Plan to eliminate or minimize employee exposure to silica.   Condition(s) were noted on or about 12/14/2023.

Issued

2024-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1053(j)(3)(i):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) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/2023 and thereafter, employee(s) performed duties that may reasonably be expected to expose them to respirable crystalline silica at or above the action level, which included operating automated saws to cut marble, granite and engineered stone, as well as polishing of cut pieces using hand-held orbital tools. Employee(s) were not provided information & training including silica health hazards, tasks posing risk of exposure, control measures in use and provisions of the OSHA Standard .

Issued

2024-06-14 00:00:00

Penalty

Initial $2765.00 · Current $1742.00 Reduced

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). The employer did not ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer shall ensure that at least the following hazards are addressed: cancer, lung effects, immune system effects, and kidney effects:  (a) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/2023, and thereafter, respirable crystalline silica was not included under the employer's chemical hazard communication plan.  In addition to airborne respirable crystalline silica exposure from cutting and polishing of stone countertops, employee(s) use chemical products that present flammability and respiratory irritant properties such as, but not limited to, PECTRO Adhesive System for stone, AGER Remover Cleaning agent for stone, TENAX Hydrex Polished Stone Sealer.

Issued

2024-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(e)(1):Employer had not developed or implemented a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):  (a) The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/2023, and thereafter, a written plan was not developed & implemented for communication of chemical hazards to the employee(s) who use them. Employee(s) use chemical products that present flammability and respiratory irritant properties such as, but not limited to, PECTRO Adhesive System for stone, AGER Remover Cleaning agent for stone, TENAX Hydrex Polished Stone Sealer.

Issued

2024-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(h)(2): 1910.1200(h)(2):  The employer did not provide information to employees on the requirements of the hazard communication standard, such as, but not limited to, the 2012 revised standard requirements.     (a)  The Marble Factory Inc., 800 Magnolia Ave, Elizabeth, NJ 07201  On or about 12/14/23, and thereafter, employee(s) did not receive information on hazards of chemical products they use that present flammability and respiratory irritant properties such as, but not limited to, PECTRO Adhesive System for stone, AGER Remover Cleaning agent for stone, TENAX Hydrex Polished Stone Sealer.