OSHA Inspection: ARJ DIVERSIFIED, INC.

Issued

Apr 17, 2024

Abate by

Jul 8, 2024

Penalty

Initial $4,839 · Current $2,500 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) Primary shop area - On or about January 25, 2024, an employee performing fabrication of stone products was exposed to an 8-hour time weighted average (TWA) airborne respirable crystalline silica concentration of 79.45 ug/m3, approximately 1.46 times the OSHA permissible exposure limit (PEL) of 50 ug/m3. This exposure was established from a sample collected over a period of 480 minutes.  The limit is established to prevent the onset of health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

Jul 8, 2024

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) Primary shop area - On or about January 25, 2024, engineering and work practice controls did not reduce employee exposure to respirable crystalline silica to or below the PEL. An employee performing fabrication of stone products was exposed to an 8-hour time weighted average (TWA) airborne respirable crystalline silica concentration of 79.45 ug/m3, approximately 1.46 times the OSHA permissible exposure limit (PEL) of 50 ug/m3. This exposure was established from a sample collected over a period of 480 minutes.  The limit is established to prevent the onset of health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Penalty

Initial $4,839 · Current $2,500 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) Primary shop area - On or about January 25, 2024, the employer did not ensure 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 was assessed. An employee performing fabrication of stone products was exposed to an 8-hour time weighted average (TWA) airborne respirable crystalline silica concentration of 79.45 ug/m3, approximately 1.46 times the OSHA permissible exposure limit (PEL) of 50 ug/m3. This exposure was established from a sample collected over a period of 480 minutes.  The limit is established to prevent the onset of health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  This item was corrected during inspection.

Issued

Apr 17, 2024

Abate by

Jul 8, 2024

Penalty

Initial $4,839 · Current $2,500 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) Primary shop area - On or about January 25, 2024, a respiratory protection program was not implemented where an employee's exposure to concentrations of respirable crystalline silica was in excess of the PEL during stone product fabrication. Exposure to respirable crystalline silica may result in health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

May 9, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(4): The employer did not require each employee and the employee's designated representative to use the respirator while in a regulated area:  (a) Primary shop area - On or about January 25, 2024, the employer did not require the use of respiratory protection. Employees were exposed to respirable crystalline silica in excess of the PEL during stone product fabrication. Exposure to respirable crystalline silica may result in health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

May 9, 2024

Penalty

Initial $4,839 · Current $2,500 Reduced

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) Primary shop area - On or about January 25, 2024, employees were exposed to respirable crystalline silica in excess of the PEL during stone product fabrication without the benefit of a written exposure control plan. Exposure to respirable crystalline silica may result in health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

May 9, 2024

Penalty

Initial $4,839 · Current $2,500 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(i)(1)(i): The employer shall 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) Primary shop area - On or about January 25, 2024, employees were exposed to respirable crystalline silica in excess of the PEL during stone product fabrication prior to receiving access to medical surveillance.  Exposure to respirable crystalline silica may result in health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

May 9, 2024

Penalty

Initial $4,839 · Current $2,500 Reduced

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) Primary shop area - On or about January 25, 2024, employees were exposed to respirable crystalline silica, during stone product fabrication, prior to receiving the information and training specified within 29 CFR  1910.1053(j)(3)(i) A through E. Exposure to respirable crystalline silica may result in health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

Jul 8, 2024

Penalty

Initial $0 · Current $0

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) Primary shop area - On or about January 25, 2024, respirable crystalline silica was not included in the employer's written hazard communication program. Employees were exposed to respirable crystalline silica in excess of the PEL.   Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

May 9, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Primary shop area - On or about January 25, 2024, employees were exposed to respirable crystalline silica in excess of the PEL as well as the chemical hazards of acetone (irritant & flammable) and Tenax's Ager Color Enhancer Sealer (flammable, irritant, and reproductive toxin) without the benefit of hazard communication training.   Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

May 9, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use.  (a) Primary shop area - On or about January 25, 2024, safety data sheets were not maintained for chemicals including, but not limited to, respirable crystalline silica and acetone.   Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Apr 17, 2024

Abate by

Apr 29, 2024

Penalty

Initial $3,457 · Current $2,000 Reduced

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 was, or could have been reasonably expected to be, in excess of the PEL:  (a) Primary shop area - On or about January 25, 2024, the employer did not establish a regulated area where an employee's exposure to concentrations of respirable crystalline silica was in excess of the PEL. Adjacent employees may inadvertently enter the work area, exposing themselves to the hazards of respirable crystalline silica. Exposure to respirable crystalline silica may result in health effects including silicosis, lung cancer, other non-malignant respiratory diseases, kidney disease, immunological effects, and activation of latent tuberculosis (TB) infections.  Abatement certification is required for this item in accordance with the requirements of 29 CFR 1903.19(c).