OSHA Inspection: LUKEN MEMORIALS, INC.

Issued

May 9, 2024

Abate by

Jul 19, 2024

Penalty

Initial $3,457 · Current $2,247 Reduced

Hazardous substances 25909000

General-duty citation text

29 CFR  1910.1053(f)(2)(i): The employer did not  establish and implement a written exposure control plan to address crystalline silica exposures:     (a)Luken Memorials, Inc. located at 1609 Broadway Avenue, Yankton, SD 57078:  On or about and at times prior to December 28, 2023, the employer did not develop and implement a written exposure control plan prior to employee exposure to respirable crystalline silica:

Issued

May 9, 2024

Abate by

Jul 19, 2024

Penalty

Initial $2,074 · Current $1,348 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)Luken Memorials, Inc. located at 1609 Broadway Avenue, Yankton, SD 57078:  On or about and at times prior to December 28, 2023, the employer did not develop and implement a written respiratory protection program when requiring employees to wear half-mask air purifying respirators. This condition exposed employees to respiratory injury and illnesses.  Abatement Note:  The following provisions shall be included in the respiratory protection program:  - Procedures for selecting respirators for use in the workplace; - Medical evaluations of employees required to use respirators; - Fit testing procedures for tight-fitting respirators; - Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; - Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; - Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; - Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; - Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and - Procedures for regularly evaluating the effectiveness of the program.

Issued

May 9, 2024

Abate by

Jul 19, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:   (a)Luken Memorials, Inc. located at 1609 Broadway Avenue, Yankton, SD 57078:  On or about and at times prior to December 28, 2023, the employer did not develop and implement a written respiratory protection program when requiring employees to wear half-mask air purifying respirators. This condition exposed employees to respiratory injury and illnesses.  Abatement Note:  The following provisions shall be included in the respiratory protection program:  - Procedures for selecting respirators for use in the workplace; - Medical evaluations of employees required to use respirators; - Fit testing procedures for tight-fitting respirators; - Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; - Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; - Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; - Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; - Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and - Procedures for regularly evaluating the effectiveness of the program.

Issued

May 9, 2024

Abate by

Jul 19, 2024

Penalty

Initial $2,765 · Current $1,797 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and maintain a written hazard communication program which at least described how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks:  (a)Luken Memorials, Inc. located at 1609 Broadway Avenue, Yankton, SD 57078:  On or about and at times prior to December 28, 2023, the employer did not develop and implement a written Hazard Communication Program prior to employee exposure to the following chemicals:  (1)Hilite Lithichrome (Xylene, and Methyl Isobutyl Ketone) (2)Respirable Crystalline Silica

Issued

May 9, 2024

Abate by

Jul 19, 2024

Penalty

Initial $0 · Current $0

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)Luken Memorials, Inc. located at 1609 Broadway Avenue, Yankton, SD 57078:  On or about and at times prior to December 28, 2023, the employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard as they do not have a hazard communication program.