OSHA Inspection: DELAWARE RIVER BASIN STONE LLC

Issued

Jul 9, 2025

Abate by

Aug 25, 2025

Penalty

Initial $930 · Current $930

General-duty citation text

29 CFR  1903.19(c)(1):The employer did not certify to OSHA, that the following items were abated within 10 calendar days after the abatement date:  a) As of 7/9/2025, the employer had not provided adequate abatement certification for the following previously cited violations:     Citation 1, Item 1 - The employer did not training in the use and care of hearing protectors for employees in accordance with 29 CFR 1910.95(i)(4).     Citation 1, Item 3 - The employer did not certify that each Powered Industrial Truck operator's performance has been evaluated in accordance with 29 CFR 1910.178(l)(6).      Citation 1, Item 4d - The employer did not establish and implement a written silica exposure control plan in accordance with 29 CFR 1910.1053(f)(2)(i).      Citation 1, Item 4f - The employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134(c)(1)(i) through (ix).      Citation 1, Item 4j - The employer did not make medical surveillance, at no cost, at a reasonable time and place. for employees who were occupationally exposed to respirable silica at or above the action level for 30 or more days in accordance with 29 CFR  1910.1053(i)(1)(i).     Citation 1, Item 4k - The employer did not establish regulated areas wherever employee's  exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL in accordance with 29 CFR  1910.1053(e)(1).     Citation 1, Item 4l - The employer did not post signs at all entrances to silica regulated areas in accordance with 29 CFR  1910.1053(e)(2)(ii).     Citation 1, Item 4m - The employer did 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" in accordance with 29 CFR 1910.1053(j)(2).

Issued

Jul 9, 2025

Abate by

Aug 25, 2025

Penalty

Initial $930 · Current $930

General-duty citation text

29 CFR  1903.19(d)(1):The employer did not submit to the Agency documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  a) As of 7/9/2025, the employer had not provided adequate abatement documentation for the following previously cited violations:      Citation 1, Item 4e - The employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134.      Citation 1, Item 4g - The employer did not provide a medical evaluation to determine the employees ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace in accordance with 29 CFR 1910.134(e)(1).      Citation 1, Item 4h - The employer did not provide employees using a tight fitting facepiece respirator were fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter in accordance with 29 CFR 1910.134(f)(2).      Citation 1, Item 4i - The employer did not provide employees with training on respirators in accordance with 29 CFR  1910.134(k).

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $4,839 · Current $0 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(i)(4): The employer did not provide training in the use and care of all hearing protectors provided to employees:   a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, noise levels for processes in the special blue stone cutting area, Area C, exceeded the 8-hour time-weighted average of 85 decibels, exposure was measured at 111% and an 8-hour time-weighted average of 90.75 decibels.   The employer did not provide training in the use and care of all hearing protection provided to employees.

Issued

Jul 12, 2024

Penalty

Initial $4,839 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(f)(1):The employer did not provide training to each employee who is required by this section to use personal protective equipment:  a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 1/17/2024,  the employer did not provide employees in the general blue cutting area, Area A,  who are required to use personal protective equipment such as but not limited to safety glasses, safety shoes and gloves, with training.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 1/17/2024,  the employer did not provide employees in the special blue cutting area, Area C,  who are required to use personal protective equipment such but not limited to as safety glasses, safety shoes and gloves, with training.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $4,839 · Current $0 Reduced

General-duty citation text

29 CFR  1910.178(l)(6):The employer did not certify that each Powered Industrial Truck operator's performance has been evaluated as required by this paragraph (l):  a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 1/17/2024,  the employer did not certify that each Powered Industrial Truck operator's performance on the Hyster65 propane powered industrial truck, model H65XM, serial number H177B45758A, has been evaluated.

Issued

Jul 12, 2024

Abate by

Jul 17, 2025

Penalty

Initial $8,067 · Current $11,292

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(c): The employer did not ensure that employee was not exposed to an airborne concentration of respirable crystalline silica in excess of 50 mcg/m3, calculated as an 8-hour TWA:  a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  the employer exposed employees in the general blue stone cutting area, Area A, to 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, eight hour time weighted average (TWA), approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  the employer exposed employees in the special blue stone cutting area, Area C, to 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, eight hour time weighted average (TWA), approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Penalty

Initial $0 · Current $0

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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  the employer did not assess the exposure of the each employees 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 29 CFR 1910.1053 in the general blue stone cutting area, Area A.     b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  the employer did not assess the exposure of the each employees 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 29 CFR 1910.1053 in the special blue sto1ne cutting area, Area C.

Issued

Jul 12, 2024

Abate by

Jul 17, 2025

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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, employees in the general blue stone cutting area, Area A, were exposed to 72.3 micrograms per cubic meter (mcg/m3) of silica, eight hour time weighted average (TWA), approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.   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 in the general blue stone cutting area, Area A.     b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  employees in the special blue stone cutting area, Area C, were exposed to  109.3 micrograms per cubic meter (mcg/m3) of silica, eight hour time weighted average (TWA), approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.  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 in the special blue stone cutting area, Area C.     EFFECTIVE MEANS OF ABATEMENT INCLUDE BUT ARE NOT LIMITED TO:   1. Local Exhaust Ventilation (LEV)   2. Filtration (general and source-capture)   3. Barriers   4. Continue to conduct air monitoring until results are below the Silica PEL

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $4,839 · Current $0 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)Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  the employer did not establish and implement a written exposure control plan for employees  in the general blue stone cutting area, Area A, exposed to 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, eight hour time weighted average (TWA), approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b)Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024,  the employer did not establish and implement a written exposure control plan for employees  in the  special blue stone cutting area, Area C, exposed tp 109.3 micrograms per cubic meter (mcg/m3) of  respirable crystalline silica, eight hour time weighted average (TWA), approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $8,067 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(2): The employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134.  a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134 for employees in the general blue stone cutting area, Area A, exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134 for employees in the special blue stone cutting area, Area C, exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not develop and implement a written respiratory protection program for employees in the general blue stone cutting area, Area A, exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not develop and implement a written respiratory protection program for employees in the special blue stone cutting area, Area C, exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 15, 2025

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 employees ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:   a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not provide medical evaluation to determine the employees, in the general blue stone cutting area, Area A,  ability to use a respirator, before the employee was fit tested or required to use the respirator.  Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not provide medical evaluation to determine the employees, in the special blue stone cutting area, Area C, ability to use a respirator, before the employee was fit tested or required to use the respirator.  Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(2):  Employer did not ensure that employees using a tight fitting facepiece respirator were fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter:  a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not require employees in the general stone cutting area, Area A, to be fit tested prior to initial use of a tight fitting facepiece respirator.  Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not require employees in the special cutting area, Area C to be fit tested prior to initial use of a tight fitting facepiece respirator.  Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:   a) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not provide employees in the general stone cutting area, Area A, with initial and annual thereafter training on the use of a tight fitting facepiece respirator.  Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not provide employees in the special cutting area, Area C with initial and annual thereafter training on the use of a tight fitting facepiece respirator.  Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $0 · Current $0

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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not provide 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 the general blue stone cutting area, Area A.  Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not provide 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.  Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $4,839 · Current $0 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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not establish a regulated area in the general blue stone cutting area, Area A, where employee exposure to airborne concentrations of respirable crystalline silica was in excess of the PEL.    Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not establish a regulated area in the special blue stone cutting area, Area C, where employee exposure to airborne concentrations of respirable crystalline silica was in excess of the PEL.  Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer failed to post respirable crystalline silica warning signs at all entrances to the general blue stone cutting area, Area A. Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer failed to post respirable crystalline silica warning signs at all entrances to the special blue stone cutting area, Area C.  Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.

Issued

Jul 12, 2024

Abate by

May 16, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not post a respirable crystalline silica warning sign for the regulated area around the general blue stone cutting area, Area A.    Employees in Area A were exposed to an eight hour time weighted average (TWA) of 72.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica, approximately 1.45 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 469 minutes. A zero increment is included for the 11 minutes not sampled.  b) Delaware River Basin Stone LLC, 1823 Airport Road, Deposit, New York, 13754.  On or about 3/26/2024, the employer did not post a respirable crystalline silica warning sign for the regulated area around the special blue stone cutting area, Area C.    Employees in Area C were exposed to an eight hour time weighted average (TWA)  of 109.3 micrograms per cubic meter (mcg/m3) of respirable crystalline silica,  approximately 2.19 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 477 minutes. A zero increment is included for the 3 minutes not sampled.