OSHA Inspection: CHOICE GRANITE & MARBLE LLC

Issued

2024-08-12 00:00:00

Abate by

2024-11-12 00:00:00

Penalty

Initial $3457.00 · Current $1800.00 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 micrograms per cubic meter of air (mcg/m3) calculated as an 8-hour TWA:  a) In the facility, on or about May 28, 2024 - The employer did not ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 mcg/m3 (micrograms per cubic meter of air), calculated as an 8-hour TWA (time-weighted average). An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations. This level is 1.81 times the permissible exposure limit of 50 mcg/m3 as a time-weighted average concentration. Sampling was performed by an OSHA compliance officer on May 28, 2024, for 439 minutes and zero exposure was assumed for the unsampled portion of the shift.

Issued

2024-08-12 00:00:00

Abate by

2024-11-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) In the facility, on or about May 28, 2024 - The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the Permissible Exposure Limit (PEL). An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Abate by

2024-11-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 that contained at least the following elements: a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica:  a) In the facility, on or about February 15, 2024 - The employer did not establish and implement a written exposure control plan to determine which tasks in the workplace involve exposure to respirable crystalline silica and which engineering controls and work practices the employer planned to implement to limit employee exposure during each listed task.

Issued

2024-08-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(3)(iv): Where the most recent exposure monitoring indicated that employee exposures were above the PEL, the employer did not repeat such monitoring within three months of the most recent monitoring:  a) In the facility, on or about February 15, 2024 - The employer did not repeat monitoring within three months when the most recent monitoring indicated that employee exposures exceeded the PEL. Initial monitoring conducted by Intertek PSI in November 2023, indicated that three employees had respirable crystalline silica exposures that exceeded the PEL.

Issued

2024-08-12 00:00:00

Abate by

2024-11-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(6)(ii): Whenever an exposure assessment indicated that employee exposure was above the PEL, the employer did not describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL:  a) In the facility, on or about February 15, 2024 - The employer did not include a statement in their written monitoring notification letter that the permissible exposure limit was exceeded and include a description of the corrective action taken or to be taken to reduce employee exposures to or below the PEL.

Issued

2024-08-12 00:00:00

Abate by

2024-11-12 00:00:00

Penalty

Initial $3457.00 · Current $1800.00 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) In the facility, on or about May 28, 2024 - Where employee exposures to respirable crystalline silica exceeded the OSHA Permissible Exposure Limit (PEL) as defined in 29 CFR 1910.1053, the employer did not establish a regulated area. An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) In the facility, on or about May 28, 2024 - Where employees are exposed to respirable crystalline silica in excess of the permissible exposure limit (PEL) as described in 29 CFR 1910.1053, and therefore required to use a tight-fitting respirator in the workplace, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134. An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) In the facility, on or about May 28, 2024 - The employer did not develop, implement, and maintain a written respiratory protection program at the facility when employees were exposed to respirable crystalline silica in excess of the PEL, and therefore required to wear respiratory protection. An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

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) In the facility, on or about May 28, 2024 - The employer did not provide a medical evaluation to determine an employee's ability to use a respirator when an employee was exposed to respirable crystalline silica in excess of the PEL, and therefore required to wear respiratory protection. An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a) In the facility, on or about May 28, 2024 - The employer did not ensure that employees exposed to respirable crystalline silica in excess of the Permissible Exposure Limit (PEL) as described in 29 CFR 1910.1053, and therefore required to use a tight-fitting respirator in the workplace, passed the appropriate qualitative or quantitative fit test. An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k): The employer did not provided effective training to employees who are required to use respirators:  a) In the facility, on or about May 28, 2024 - The employer did not provide respiratory protection training to employees exposed to respirable crystalline silica in excess of the PEL, and therefore required to wear respiratory protection. An employee designated as a fabricator was exposed to respirable crystalline silica at a time-weighted average exposure of 90.27 mcg/m3 during work operations.

Issued

2024-08-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k)(6):The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:   a) In the facility, on or about February 15, 2024 - The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, to employees who are provided dual cartridge half-mask elastomeric respirators for voluntary usage.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator:  a) In the facility, on or about February 15, 2024 - The employer did not establish those elements of a written respirator program that describes how employees who voluntarily wear tight-fitting half-mask elastomeric respirators are determined to be medically able to use that respirator in the workplace.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $3457.00 · Current $1800.00 Reduced

Hazardous substances 9000

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 was occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:  a) In the facility, on or about May 28, 2024 - The employer did not make medical surveillance available at no cost to each employee who is exposed to respirable crystalline silica at or above the action level of 25 mcg/m3 for 30 or more days per year.

Issued

2024-08-12 00:00:00

Penalty

Initial $3457.00 · Current $1800.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement and maintain at the workplace, 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, material safety data sheets, and employee information and training will be met:  a) In the facility, on or about February 15, 2024 - The employer did not develop, implement, and maintain a written hazard communication program at the facility. Employees work with hazardous materials including, but not limited to, respirable crystalline silica, adhesives, and hardeners.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(h)(1): The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees had not previously been trained about was introduced into their work area:  a) In the facility, on or about February 15, 2024 - The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment. Employees work with hazardous materials including, but not limited to, respirable crystalline silica, adhesives, and hardeners.

Issued

2024-08-12 00:00:00

Abate by

2024-09-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(1): The employer did not ensure that each employee was trained in accordance with the provisions of HCS and paragraph (j)(3) of this section:  a) In the facility, on or about February 15, 2024 - The employer did not ensure that each employee was trained in accordance with the provisions of 29 CFR 1910.1200 and paragraph (j)(3) of 29 CFR 1910.1053 that includes the health hazards associated with exposure to respirable crystalline silica; the specific tasks in the workplace that could result in exposure to respirable crystalline silica; the 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; the contents of this section; and the purpose and a description of the medical surveillance program required by paragraph (i) of this section.