OSHA Inspection: BAJA DESIGN, INC.

Issued

2024-08-28 00:00:00

Abate by

2025-01-15 00:00:00

Penalty

Initial $4839.00 · Current $1000.00 Reduced

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to administer a continuing, effective hearing conservation program.  b) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to develop and implement an adequate monitoring program.  c) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to establish a valid baseline audiogram against which subsequent audiograms can be compared within 6 months of an employee's first exposure.  d) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to enforce the use of hearing protection.  e) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to adequately communicate the effects of noise on hearing, the purpose of hearing protection, the advantages, disadvantages, and instructions on selection, fitting, use, and care, and the purpose of audiometric testing.

Issued

2024-08-28 00:00:00

Abate by

2025-01-15 00:00:00

Penalty

Initial $4839.00 · Current $1000.00 Reduced

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing cultured and natural stone countertops. The employer failed to establish and implement a written respiratory protection program with worksite specific procedures for required respirator use.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing cultured and natural stone countertops. The employer failed to provide medical evaluations to employees required to use the respirators.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing countertops. The employer failed to provide fit testing procedures for tight-fitting respirators to employees required to use the respirators.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:   a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing cultured and natural stone countertops. The employer failed to provide procedures for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators of employees required to use the respirators.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:   a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing cultured and natural stone countertops. The employer failed to provide methods of storage to protect from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, damaging chemicals, or stored to prevent deformation of the facepiece and exhalation valve.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1)(i): The employer did not ensure that each employee could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator:  a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing cultured and natural stone countertops. The employer failed to train the employees in critical elements of respirator use to include the necessity of use, limitations, procedures for maintenance, inspection procedures, how to don and remove, and proper respirator storage.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to respiratory hazards while manufacturing cultured and natural stone countertops. The employer failed to establish and implement a written respiratory protection program with worksite specific procedures for required respirator use.

Issued

2024-08-28 00:00:00

Abate by

2025-02-27 00:00:00

Penalty

Initial $16131.00 · Current $7000.00 Reduced

Hazardous substances S103

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 g/m3, calculated as an 8-hour TWA:   a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure level of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. Personal air sampling performed for 202 minutes indicated an exposure at a concentration of 241.98 micrograms per cubic meter of air, approximately 4.84 times the permissible exposure limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 278 minutes not sampled.   b) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 26, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure level of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. Personal air sampling performed for 265 minutes indicated an exposure at a concentration of 77.29 micrograms per cubic meter of air, approximately 1.55 times the permissible exposure limit.  The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 215 minutes not sampled.   c) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 26, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure level of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. Personal air sampling performed for 262 minutes indicated an exposure at a concentration of 84.6 micrograms per cubic meter of air, approximately 1.69 times the permissible exposure limit.  The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 218 minutes not sampled.   d) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 28, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure level of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. Personal air sampling performed for 228 minutes indicated an exposure at a concentration of 147.25 micrograms per cubic meter of air, approximately 2.945 times the permissible exposure limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 252 minutes not sampled.   e) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 28, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure level of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. Personal air sampling performed for 218 minutes indicated an exposure at a concentration of 116.26 micrograms per cubic meter of air, approximately 2.325 times the permissible exposure limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 262 minutes not sampled.  f) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On April 24, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure level of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. Personal air sampling performed for 415 minutes indicated an exposure at a concentration of 139.19 micrograms per cubic meter of air, approximately 2.78 times the permissible exposure limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 65 minutes not sampled.

Issued

2024-08-28 00:00:00

Abate by

2025-02-27 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure limit (PEL) of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. The employer failed to implement engineering controls to reduce employee exposure under the PEL while performing these operations.

Issued

2024-08-28 00:00:00

Abate by

2025-02-27 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 25, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the action limit of 25 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops.  Personal air sampling performed for 184 minutes indicated an exposure at a concentration of 47.5 micrograms per cubic meter of air, approximately 1.9 times the action limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 296 minutes not sampled.  b) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 26, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the action limit of 25 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops.  Personal air sampling performed for 281 minutes indicated an exposure at a concentration of 36.29 micrograms per cubic meter of air, approximately 1.45 times the action limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 199 minutes not sampled.  c) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 28, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the action limit of 25 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops.  Personal air sampling performed for 225 minutes indicated an exposure at a concentration of 29.53 micrograms per cubic meter of air, approximately 1.18 times the action limit. The exposures are based on an 8-hour time weighted average sampling period; exposure calculations included zero-increment for the 255 minutes not sampled.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure limit (PEL) of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. The employer did not establish a regulated area where employees were exposed to airborne concentrations of respirable crystalline silica in excess of the PEL.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1910.1053(h)(1): The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure were feasible:  a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica while dry sweeping and using a non-HEPA filtered vacuum to clean up fugitive dust from processed cultured and natural stone countertops.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1910.1053(h)(2)(i): The employer allowed compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica without being used in conjunction with a ventilation system to capture blown dust:  a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica while using compressed air to remove fugitive dust from processed cultured and natural stone countertops from clothing and work surfaces.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

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:  a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica while manufacturing cultured and natural stone countertops. The employer failed to provide medical surveillance to each employee who had been occupationally exposed to respirable crystalline silica.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $16131.00 · Current $0.00 Reduced

Hazardous substances S103

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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to airborne crystalline silica exceeding the permissible exposure limit (PEL) of 50 micrograms per cubic meter of air while manufacturing cultured and natural stone countertops. The employer did not ensure that each employee could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica.

Issued

2024-08-28 00:00:00

Abate by

2025-01-15 00:00:00

Penalty

Initial $2074.00 · Current $1000.00 Reduced

Hazardous substances 0040S103

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:  a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to chemical hazards while working with chemicals such as but not limited to: Acetone, Methanol (Quartz Toner Plus), Polyester Resin (Superior Broze Polyester), and Tine Resin (Touchstone Colorant). The employer failed to develop, implement, and/or maintain an effective Hazardous Communication Program for employees that are required to use these chemicals.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040S103

General-duty citation text

29 CFR 1910.1200(f)(6): The employer used written materials, such as signs, placards, process sheets, or batch tickets in lieu of affixing labels to individual stationary process containers that failed to identify the container(s) to which they were applicable and did not convey the information required by 29 CFR 1910.1200(f)(5):   a)  Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to chemical hazards while working with chemicals such as but not limited to: Acetone, Methanol (Quartz Toner Plus), Polyester Resin (Superior Broze Polyester), and Tine Resin (Touchstone Colorant). The employer failed to ensure that each container of hazardous chemicals in the workplace was labeled with the product identifier and words, pictures, symbols, or combination thereof, which provides at least general information regarding the hazards of the chemicals.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040S103

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 for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s)   (a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to chemical hazards while working with chemicals such as but not limited to: Acetone, Methanol (Quartz Toner Plus), Polyester Resin (Superior Broze Polyester), and Tine Resin (Touchstone Colorant). The employer failed to provide the required safety data sheet for each hazardous chemical in use.

Issued

2024-08-28 00:00:00

Abate by

2024-10-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040S103

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) Baja Design, Inc., 1285 South Kalamath Street, Denver CO: On March 22, 2024, and at times prior, employees were exposed to chemical hazards while working with chemicals such as but not limited to: Acetone, Methanol (Quartz Toner Plus), Polyester Resin (Superior Broze Polyester), and Tine Resin (Touchstone Colorant).  The employer failed to provide effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area.