OSHA Inspection: MAJESTIC STONE INC

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $4,839 · Current $3,150 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program (RPP) that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented where respirators were necessary to protect the health of employees:  Within the stone grinding and cutting areas, at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not implement a RPP for employees who are required to wear 3M N95 filtering facepiece device respirators while cutting and grinding stone countertops.   ABATEMENT NOTE:  A respirator program shall include the following elements:    -Procedures for selecting respirators  -Medical evaluations for employees required to use respirators  -Procedures for fit testing tight fitting respirators  -Procedures for proper use of respirators  -Procedures and schedules for cleaning, storing, inspecting, and maintaining respirators  -Training of employees about respiratory hazards in the workplace  -Training on proper use of respirators  -Procedures for regularly evaluating the effectiveness of the program  *Abatement notes are intended only to provide clarity regarding existing requirements under the law or agency policies. Abatement notes do not create (or diminish) legal obligations under the Occupational Safety and Health Act.

Issued

Jun 7, 2024

Abate by

Aug 30, 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:  In the main stone cutting and grinding area at 25 Mohawk Drive, Leominster, MA:   On and before March 7, 2024, two employees were not provided a medical evaluation prior to being required to wear N-95 filtering facepiece device respirators.

Issued

Jun 7, 2024

Abate by

Aug 30, 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 employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.  At the grinding and cutting areas, at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that employees were quantitatively or qualitatively fit-tested for required-use 3M N95 filtering facepiece device respirators prior for stone cutting and grinding.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that employees, required to use respirators, did not have facial hair which came between the sealing surface of N-95 filtering facepiece device respirators.

Issued

Jun 7, 2024

Abate by

Aug 30, 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:  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that a required use respiratory protection program was instituted.  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica (RCS) at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $4,839 · Current $3,150 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 (RCS) in excess of 50 micrograms per cubic meter (ug/m3), calculated as an 8-hour time-weighted average (TWA):  At the grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that employees are not exposed to an airborne concentration of RCS in excess of 50 ug/m3 as an 8-hour TWA.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations.

Issued

Jun 7, 2024

Abate by

Aug 30, 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 (RCS) to or below the permissible exposure limit (PEL), unless the employer can demonstrate that such controls are not feasible:  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that engineering controls were used to reduce employee exposure to RCS, to or below, the PEL.  While operating a Makita high-powered angle grinder, the ER taped a 1/4-inch flat nozzle hose pipe to the side to reduce the dust generated during the grinding/polishing processes.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour time-weighted average (TWA) concentration of 483.8 micrograms per cubic meter (ug/m3) during polishing/grinding operations.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $4,839 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not identify, and evaluate, respirable crystalline silica (RCS) as a respirable hazard in any form, during the stone grinding/polishing and stone cutting processes.

Issued

Jun 7, 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 is 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.  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not assess the exposure of employees using grinders, and polishers, and remote operated saws (any blade diameter), who may be exposed to respirable crystalline silica at or above the action level of 25 ug/m3.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.

Issued

Jun 7, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(d)(3)(i): The employer did not perform initial monitoring to assess the 8-hour time weighted average (TWA) exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area:  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that initial monitoring was performed for employees who perform stone cutting, and stone polishing, of stone slab stock for countertop manufacturing.   Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 micrograms per cubic meter (ug/m3) during stone grinding/polishing operations which is 9.6 times the permissible exposure limit of 50 ug/m3.  Employees wear N95 filtering facepiece device respirators.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

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 (RCS) at or above the action level for 30 or more days per year:   At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that employees, who conduct stone grinding/polishing and cutting operations, are provided an initial baseline medical examination, prior to performing such duties, and then one every three years thereafter.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.  ABATEMENT NOTE: The initial baseline examination shall consist of the following elements: -  Medical and work history with an emphasis on past, present, and anticipated exposure to respirable crystalline silica (RCS), -  A physical examination -  A chest x-ray -  A pulmonary function test to include forced vital capacity, testing for latent tuberculosis, and other tests deemed necessary by the physician or other licensed health care professional (PLHCP).  *Abatement notes are intended only to provide clarity regarding existing requirements under the law or agency policies. Abatement notes do not create (or diminish) legal obligations under the Occupational Safety and Health Act.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $4,839 · Current $3,051 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 (RCS) was, or could have been reasonably expected to be, in excess of the permissible exposure limit (PEL):  At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure a regulated area was established to identify the area(s) where employees are exposed to RCS above the PEL of 50 micrograms per cubic meter (ug/m3).  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(2)(i):  The employer did not demarcate regulated areas from the rest of the workplace in a manner that minimized the number of employees exposed to respirable crystalline silica (RCS) within the regulated area:   At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not demarcate the regulated area, at the stone polishing/grinding area where there is a known overexposure to RCS. Without demarcation, stone fabricators, administrative, and maintenance employees are potentially exposed to RCS without being aware of its presence.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(2):  Signs. The employer did not post signs, as required, 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  At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not post signage at all entrances to the production area alerting employees of the presence of respirable crystalline silica.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $4,839 · Current $3,150 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(1): The employer did not include respirable crystalline silica (RCS) in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets and is trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.  At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not include RCS in the hazard communication program which ensures that two stone cutting/grinding employees are trained, have access to labels and safety data sheets and that long term health effects or RCS are addressed.  An employee was exposed to RCS at an 8-hour TWA concentration of 483.8 micrograms per cubic meter (ug/m3) while performing a grinding/polishing operation while another employee was exposed to 40.3 ug/m3 while performing stone cutting.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer shall develop, implement, and maintain at each workplace, a written hazard communication  (HAZCOM) 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, safety data sheets, and employee information and training will be met:  At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not develop a written HAZCOM program for various hazardous chemicals including, but not limited to, klean strip acetone, akemi epoxy acrylate and respirable crystalline silica (RCS).  An employee was exposed to RCS at an 8-hour TWA concentration of 483.8 micrograms per cubic meter (ug/m3) while performing a grinding/polishing operation while another employee was exposed to 40.3 ug/m3 while performing stone cutting.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.  At the grinding and stone cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not compile a list of hazardous chemicals used by employees known to be present such as, but not limited to, respirable crystalline silica, Klean Strip acetone and Akemi platinum premium epoxy acylate adhesive.

Issued

Jun 7, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets (SDS) for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s).  At the stone grinding and cutting areas at 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not ensure that SDS's are maintained and made available to employees who cut/grind/polish stone countertops and use hazardous chemicals including but not limited to respirable crystalline silica, Klean Strip, and Akemi platinum premium epoxy acrylate adhesive.

Issued

Jun 7, 2024

Abate by

Aug 30, 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 a written exposure control plan (ECP) that covers the requirements in (f)(2)(i)(A), (B), and (C):  At 25 Mohawk Drive. Leominster, MA: On March 7, 2024, and at times prior, the employer did not establish and implement a written ECP including the description of the tasks in the workplace involving exposure to respirable crystalline silica (RCS); a description of the engineering controls, work practices, respiratory protection used to limit employee exposure to RCS; and a description of the housekeeping measures used to limit employee exposure to RCS.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour TWA concentration of 483.8 ug/m3 during polishing/grinding operations and one employee was exposed to airborne RCS at an 8-hour TWA concentration of 40.3 ug/m3 during stone cutting operations.