OSHA Inspection: 5280 PRODUCTIONS LLC

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $16,131 · Current $8,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:   a.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, employees were exposed to noise levels above the action level and the OSHA PEL. The employer did not have a Hearing Conservation Program in effect. On November 29, 2023, OSHA conducted noise dosimetry and found three employees exposed to noise above the OSHA Permissible Exposure Limit 8 hour Time Weighted Average of 90 dBa. Two of the employees were exposed to noise Time Weighted Averages ranging from 98.45-101.55 dBA.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:   a.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, employees were exposed to noise levels above the action level and the OSHA PEL. The employer has never conducted noise sampling at this facility. On November 29, 2023, OSHA conducted noise dosimetry and found three employees exposed to noise above the OSHA Permissible Exposure Limit 8 hour Time Weighted Average of 90 dBa. Two of the employees were exposed to noise Time Weighted Averages ranging from 98.45 dBA - 101.55 dBA and a third employee was also within the immediate area (did not have a noise dosimeter).  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(g)(1):The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, the employer did not provide audiometric testing to employees who were exposed to hazardous noise.  The employer did not establish an audiometric program and did not test employees. On November 29, 2023, OSHA conducted noise dosimetry and found three employees exposed to noise above the OSHA Permissible Exposure Limit 8 hour Time Weighted Average of 90 dBa. Two of the employees were exposed to noise Time Weighted Averages from 98.45-101.55 dBA and a third employee was within the same area but did not wear a noise dosimeter.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(k)(1):The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a.) Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, employees who were exposed to noise at or above an 8-hour TWA of 85 decibels were not trained on exposure to hazardous noise.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $16,131 · Current $6,000 Reduced

Hazardous substances 90009130

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.)  On or about November 16, 2023, and at times prior, the employer did not provide a written program when employees were required (mandatory) to wear N-95s.  Employees in the saw cutting room are required to wear N-95s. There was no written program established for use of mandatory respirators, exposing employees to physiological burdens and inhalation hazards.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

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 employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  a.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, the employer did not provide a medical evaluation to employees who wore half-face respirators and N-95s in the workplace.  The employee operating the Pug Mill was observed wearing a half-face respirator and three employees in the saw cutting area were observed wearing N95s; there were no medical evaluations before usage, exposing employees to physiological burdens.   Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

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.)  On or about November 29, 2023, and at times prior, the employer did not provide fit tests for employees who were required to wear 3M half-face respirators or 3M N-95s in the workplace.  Employees in the saw cutting area were observed wearing N-95s and an employee near the Pug Mill was wearing a half-face respirator; there were no fit  tests completed, exposing employees to inhalation hazards such as respirable silica.   Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 90009130

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.)  On or about November 16, 2023, and at times prior, employees were exposed to physiological burdens and inhalation hazards due to the lack of respirator usage training. The employer did not provide required respirator training when employees were required (mandatory) to wear N-95s and a half-face respirator.  Employees in the saw cutting room are required to wear N-95s. The pug mill operator is required to wear a half-face respirator with organic vapor cartridges.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $16,131 · Current $12,000 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.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, employees were exposed to respirable crystalline silica above the OSHA PEL during brick cutting operations. The employer did not conduct exposure assessments for employees who may reasonably be expected to be exposed to respirable crystalline silica at or above 50 ug/m3. OSHA conducted exposure assessments on November 29, 2023 and found two employees sampled in the saw room (brick cutting) were exposed to an 8-hour Time-Weighted Average of 373.4 and 329.7 micrograms per cubic meter of respirable crystalline silica, above the Action Level of 25 micrograms per cubic meter.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 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.) Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, 5280 Productions LLC employees were exposed to respirable crystalline silica.  The employer failed to conduct initial monitoring and assessments. OSHA conducted personal exposure sampling on November 29, 2023 and found two employees exposed to an 8-hour Time-Weighted Average of  373.39 - 329.7 milligrams per cubic meter of respirable crystalline silica, above the Action Level of 0.025 milligrams per cubic meter (or 25 micrograms per cubic meter).  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

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.) Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, the employer did not have a written exposure control plan where employees were exposed to respirable crystalline silica.  OSHA conducted personal exposure sampling on November 29, 2023 and found two employees exposed to an 8-hour Time-Weighted Average of  373.39 - 329.7 milligrams per cubic meter of respirable crystalline silica, above the Action Level of 0.025 milligrams per cubic meter (or 25 micrograms per cubic meter).  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $16,131 · Current $9,000 Reduced

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.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, the employer did not establish a hazard communication program which included respirable crystalline silica.  OSHA conducted personal exposure sampling on November 29, 2023 and found two employees exposed to 8-hour Time-Weighted Averages over the Action Level of 25 micrograms per cubic meter and the OSHA Permissible Exposure Limit for respirable silica.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

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.) On or about November 16, 2023, and at times prior, the employer did not train employees on the items listed in 29 CFR 1910.1053(j)(3)(i).  Employees could not demonstrate knowledge of health hazards associated with exposure to respirable crystalline silica, specific tasks which result in exposure to respirable crystalline silica, measures the employer has taken to protect employees from exposure, the contents of the respirable crystalline silica standard, and the purpose and description of a medical surveillance program.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

May 8, 2024

Abate by

Jun 13, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):  a.)  Summit Brick - Lakewood Plant site: On or about November 29, 2023, and at times prior, the employer did not establish a hazard communication program. Employees were exposed to chemicals and hazards (such as respirable crystalline silica) at this facility.  In fact, OSHA conducted personal exposure sampling on November 29, 2023 and found two employees exposed to 8-hour Time-Weighted Averages over the Action Level of 25 micrograms per cubic meter and the OSHA Permissible Exposure Limit for respirable silica.  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).