OSHA Inspection: ICM INTERESTS LLC

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $5,531 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.22(a)(2): The employer did not ensure that the floor of each workroom was maintained in a clean and, to the extent feasible, in a dry condition. The employer did not ensure that when wet processes were used, drainage was maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats were provided:  a) On or about February 29, 2024, at the waterjet saw, where the floor was not maintained in a dry condition.  b) On or about March 21, 2024, at the entrance to the shop area, where the floor was not maintained in a dry condition.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $3,871 Reduced

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) On or about March 21, 2024, and times prior to, at the facility, where the employer did not establish and maintain an audiometric testing program for employees fabricating countertops.  An employee was exposed to 67% of the noise dose which is equivalent to approximately 87.1 dBA. Sampling was conducted for 468 minutes on March 21, 2024.  Zero exposure was assumed for the remaining 22 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(g)(5)(i): The employer did not establish, within 6 months of an employee's first exposure at or above the action level, a valid baseline audiogram against which subsequent audiograms can be compared:  a) On or about March 21, 2024, and times prior to, at the facility, whose baseline audiograms were not established for employees fabricating countertops. An employee was exposed to 67% of the noise dose which is equivalent to approximately 87.1 dBA. Sampling was conducted for 468 minutes on March 21, 2024.  Zero exposure was assumed for the remaining 22 minutes

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · 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) On February 29, 2024, and times prior to, at the facility, where training in the use and care of hearing protection had not been conducted for employees fabricating countertops. An employee was exposed to 67% of the noise dose which is equivalent to approximately 87.1 dBA. Sampling was conducted for 468 minutes on March 21, 2024. Zero exposure was assumed for the remaining 22 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $3,871 Reduced

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) On or about February 29, 2024 and times prior to,  at the facility, where the employer did not have a written respiratory protection program for employees wearing elastomeric respirators.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $0 · Current $0

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) At the facility, on February 29, 2024 and times prior to, employees were exposed to respiratory hazards while wearing filtering facepiece respirators while cutting, grinding, and polishing granite without the employer having a written respiratory protection program.

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $6,452 · Current $0 Reduced

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) On or about February 29, 2024, and times prior to, at the facility, where the employer did not provide a medical evaluation to employees prior to being provided 3M elastomeric half face respirator.

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(f)(2):  Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:   a) On or about February 29, 2024, and times prior to, at the facility, where the employer did not fit test employees prior to wearing a N95 particulate respirator.  b) On or about February 29, 2024, and times prior to, at the facility, where the employer did not fit test employees prior to wearing a full face respirator.

Issued

Aug 26, 2024

Abate by

Sep 10, 2024

Penalty

Initial $4,610 · Current $0 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  a) On or about February 29, 2024, in the shop, where the employer permitted facial hair which came between the sealing surface of the respirator on employees while being required to wear N95 Particulate respirators.

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $3,687 · Current $1,283 Reduced

General-duty citation text

29 CFR  1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  a) On February 29, 2024, and times prior to, in the shop on the south wall, near the GMX94 25 Horsepower Stone Master table, where the quick drenching station for the eyes was not in the work area for immediate emergency use.  b) On February 29, 2024, and times prior to,  near near north wall, in the fabricators area, where the quick drenching station for the eyes was not in the work area for immediate emergency use.

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $5,531 · Current $3,319 Reduced

General-duty citation text

29 CFR 1910.243(c)(2): Cup wheels. Cup wheels (Types 6 and 11) were not protected by guards as specified in subparagraphs (i) through (iii):   a) On February 29, 2024, and times prior to, in the fabrication area, where employees were using angle grinders with cup wheels without guards.

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.243(c)(4): The top half of the wheel of portable grinding machine(s) was not enclosed:  a) On or about February 29, 2024, and times prior to, at the facility, where employees were performing grinding operations with a hand-held grinder tool in which the 6 inch Diamax Super Cyclone Electroplated Blade, had no type of safety guard installed, exposing the employees to struck-by hazards.  b) On or about February 29, 2024, and times prior to, at the facility, where employees were performing grinding operations with a hand-held grinder tool in which the guards to the turbo cup wheel, had no type of safety guard installed exposing the employees to struck-by hazards

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $3,687 · Current $2,212 Reduced

General-duty citation text

29 CFR  1910.303(f)(2): Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, was not legibly marked to indicate its purpose, nor located and arranged so the purpose was evident:  a) In the shop on the south wall, near the GMX94 25 Horsepower Stone Master table, on February 29, 2024, and times prior to, where an electrical breaker panel was not labeled.

Issued

Aug 26, 2024

Penalty

Initial $3,687 · Current $2,212 Reduced

General-duty citation text

29 CFR 1910.303(g)(1): Sufficient access and working space was not provided and maintained about all electric equipment (operating at 600 volts, nominal, or less to ground) to permit ready and safe operation and maintenance of such equipment:  a) On or about February 29, 2024, and time prior In the shop on the south wall, near the GMX94 25 Horsepower Stone Master table, where an electrical panel was blocked by a table and a cart. exposing employees to electrical hazards.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $6,452

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) On or about March 21, 2024, at the facility, a fabricator employee was performing hand grinding operations and was exposed to respirable crystalline silica at an eight-hour time-weighted average of 59 micrograms per cubic meter of air, approximately 1.2 times the Permissible Exposure Limit of 50 micrograms per cubic meter of air. Sampling was performed for 456 minutes. Zero exposure was assumed for the unsampled time of 24 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $0 Reduced

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)  On or about February 29, 2024, and times prior to, at the facility, where the employer did not assess the employee exposure to silica during the stone countertop manufacturing process. On March 21, 2024, at the facility, a fabricator employee was performing hand grinding operations and was exposed to respirable crystalline silica at an eight-hour time-weighted average of 59 micrograms per cubic meter of air, approximately 1.2 times the Permissible Exposure Limit of 50 micrograms per cubic meter of air.  Sampling was performed for 456 minutes. Zero exposure was assumed for the unsampled time of 24 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 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 could demonstrate that such controls were not feasible:  a) On or about March 21, 2024, in the fabrication area, 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. On March 21, 2024, a fabricator employee was performing hand grinding operations and was exposed to respirable crystalline silica at an eight-hour time-weighted average of 59 micrograms per cubic meter of air, approximately 1.2 times 50 micrograms per cubic meter of air. Sampling was performed for 456 minutes. Zero exposure was assumed for the unsampled time of 24 minutes.

Issued

Aug 26, 2024

Abate by

Sep 17, 2024

Penalty

Initial $4,610 · Current $2,766 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(2)(ii): The employer failed to post signs at all entrances to regulated areas:  a) On or about February 29, 2024, in the fabrication area, and times prior, where the employer failed to post signs at all entrances to regulated areas. On March 21, 2024, at the facility, a fabricator employee was performing hand grinding operations and was exposed to respirable crystalline silica at an eight-hour time-weighted average of 59 micrograms per cubic meter of air, approximately 1.2 times the Permissible Exposure Limit of 50 micrograms per cubic meter of air. Sampling was performed for 456 minutes. Zero exposure was assumed for the unsampled time of 24 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

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)  On or about February 29, 2024, and times prior to , at the facility, where the employer not post the following warning signs DANGER- RESPIRABLE CRYSTALLINE SILICA-MAY CAUSE CANCER-CAUSES DAMAGE TO LUNGS- WEAR RESPIRATORY PROTECTION IN THIS AREA- AUTHORIZED PERSONNEL ONLY. On March 21, 2024, at the facility, a fabricator employee was performing hand grinding operations and was exposed to respirable crystalline silica at an eight-hour time-weighted average of 59 micrograms per cubic meter of air, approximately 1.2 times the Permissible Exposure Limit of 50 micrograms per cubic meter of air. Sampling was performed for 456 minutes. Zero exposure was assumed for the unsampled time of 24 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $3,871 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) At the facility on February 29, 2024, and prior to where the employer did not establish and implement a written exposure control plan for respirable silica. On March 21, 2024, at the facility, a fabricator employee was performing hand grinding operations and was exposed to respirable crystalline silica at an eight-hour time-weighted average of 59 micrograms per cubic meter of air, approximately 1.2 times the Permissible Exposure Limit of 50 micrograms per cubic meter of air.  Sampling was performed for 456 minutes. Zero exposure was assumed for the unsampled time of 24 minutes.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $3,871 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 each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:  On or about February 29, 2024, and prior to,  at the facility, medical surveillance had not been made available for employees that were exposed to respirable crystalline silica while cutting and grinding granite.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $6,452 · Current $3,871 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) At the facility on February 29, 2024, and times prior to, where employees were exposed to respirable crystalline silica during stone product fabrication and the employer did not include respirable crystalline silica in a hazard communication program.

Issued

Aug 26, 2024

Abate by

Sep 26, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  On or about February 29, 2024, and times prior to, at the facility, where the employer did not develop and implement a written hazard communication program.

Issued

Aug 26, 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) At the facility, on February 29, 2024, and times prior to, where safety data sheets were not maintained for chemicals including but not limited to TXI Portland-Limestone Cement, Touchstone Invisibond Flowing epoxy and TeWax.