OSHA Inspection: CRAIG BAKER MARBLE CO., INC.

Issued

Sep 26, 2024

Abate by

Oct 31, 2024

Penalty

Initial $11,292 · Current $5,646 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) On April 10, 2024, at the facility, a fabricator employee performing cutting and grinding tasks on stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 77 micrograms per cubic meter, approximately 1.5 times the Permissible Exposure Limit (PEL) for respirable crystalline silica of 50 micrograms per cubic meter.  Sampling was conducted for 288 minutes.  Zero exposure was assumed for the remaining 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · Current $5,646 Reduced

Hazardous substances 22809000

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 March 28, 2024, and times prior to, at the facility, where the employer did not provide medical evaluation to employees who were required to wear elastomeric full-face respirators while manufacturing and grinding countertops.

Issued

Sep 20, 2024

Abate by

Oct 16, 2024

Penalty

Initial $11,292 · Current $0 Reduced

Hazardous substances 9000

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 March 28, 2024, and times prior to, in the fabrication area, where employees were not fit tested prior to the initial use of N95 particulate respirators during the countertop manufacturing process.  b) On or about March 28, 2024, and times prior to, in the fabrication area, where employees were not fit tested prior to initial use of full-face elastomeric respirators during the countertop manufacturing process.

Issued

Sep 20, 2024

Abate by

Oct 16, 2024

Penalty

Initial $8,067 · Current $0 Reduced

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:  a) On or about March 28, 2024, and times prior to, at the facility, where the employer permitted employees to wear facial hair while being required to use N95 Particulate Respirators during the countertop manufacturing process.  b) On or about April 10, 2024, and times prior to, at the facility, where the employer permitted employees to wear facial hair while being required to use Full-Face Respirators during the countertop manufacturing process.

Issued

Sep 20, 2024

Abate by

Oct 16, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1910.134(g)(1)(iii):  Employee(s) did not perform a user seal check each time they put on a tight-fitting respirator using the procedure in Appendix B-1 of 29 CFR 1910.134 or procedures recommended by the respirator manufacturer that the employer demonstrated were as effective as those in Appendix B-1:  a) On or about March 28, 2024, in the fabrication shops at the facility, respirator seal checks were not performed by employees wearing Full Face Respirators, when grinding and cutting countertops.

Issued

Sep 20, 2024

Abate by

Oct 16, 2024

Penalty

Initial $8,067 · Current $4,034 Reduced

General-duty citation text

29 CFR 1910.136(a):  The employer did not require employees to use protective footwear when employees' feet are exposed to foot injuries due to falling or rolling objects, or objects piercing the sole, or when the use of protective footwear will protect the affected employee from an electrical hazard, that remains after the employer takes other necessary protective measures:  a) On or about March 28, 2024, at the facility, where employees were not required to wear protective footwear manufacturing and handling countertops.

Issued

Sep 20, 2024

Abate by

Oct 16, 2024

Penalty

Initial $6,453 · Current $3,227 Reduced

General-duty citation text

29 CFR  1910.243(c)(2)(i):  Cup wheels (Types 6 and 11) were not protected by safety guards as specified in paragraph (c)(1) of this section:   a) On or about March 28, 2024, in the Granite Fabrication Area, where employees used angle grinders with cup wheels without safety guarding to perform grinding tasks.

Issued

Sep 20, 2024

Abate by

Oct 16, 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 March 28, 2024, in the Granite Fabrication Shop, where employees used a Makita 9564CV Angle Grinder with a 4.5 inch turbo rim diamond blade without a safety guard to perform cutting and grinding tasks.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · Current $5,646 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) On April 10, 2024, at the facility, a fabricator employee performing cutting and grinding tasks on stone countertops was exposed to respirable crystalline silica at an eight-hour time-weighted average (TWA) of 77 micrograms per cubic meter, approximately 1.5 times the Permissible Exposure Limit (PEL) for respirable crystalline silica of 50 micrograms per cubic meter.  Sampling was conducted for 288 minutes.  Zero exposure was assumed for the remaining 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $0 · Current $0

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) On or about April 10, 2024, in the Granite Fabrication Area, the employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to below the Permissible Exposure Limit (PEL) for employees working with silica containing material.  On April 10, 2024, at the facility, a fabricator employee cutting and grinding stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 77 micrograms per cubic meter, approximately 1.5 times the PEL of 50 micrograms per cubic meter.  Sampling was performed for 288 minutes. Zero exposure was assumed for the remaining 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · 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 March 28, 2024, at the facility, where the employer did not assess the employee exposure to silica during the stone countertop manufacturing process.  On April 10, 2024, at the facility, a fabricator employee cutting and grinding stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 77 micrograms per cubic meter, approximately 1.5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter.  Sampling was performed for 288 minutes.  Zero exposure was assumed for the remaining of 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · Current $0 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) On or about April 10, 2024, and times prior to, at the facility, where the employer did not make medical surveillance available for employees who were exposed to respirable crystalline silica above the action level.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · Current $0 Reduced

Hazardous substances S103

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 Mach 20, 2024, in the Fabrication Area, where the employer failed to post signs at all entrances to regulated areas for employees working with silica containing material.  On April 10, 2024, at the facility, a fabricator employee cutting and grinding stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 77 micrograms per cubic meter, approximately 1.5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter.  Sampling was performed for 288 minutes.  Zero exposure was assumed for the remaining 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 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 March 28, 2024, at the facility, where the employer had not posted warning signs at regulated entrances.  On April 10, 2024, at the facility, a fabricator employee cutting and grinding stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 77 micrograms per cubic meter, approximately 1.5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter.  Sampling was performed for 288 minutes.  Zero exposure was assumed for the remaining 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · Current $0 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) On or about March 28, 2024, and prior to and thereafter, at the facility, where the employer did not establish and implement a written exposure control plan for respirable silica.  On April 10, 2024, at the facility, a fabricator employee cutting and grinding stone countertops was exposed to respirable crystalline silica at an 8-hour time-weighted (TWA) average of 77 micrograms per cubic meter, approximately 1.5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter.  Sampling was performed for 288 minutes.  Zero exposure was assumed for the remaining 192 minutes.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $11,292 · Current $0 Reduced

Hazardous substances 9013

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 March 28, 2024, and times prior to and thereafter, where the employer did not include respirable crystalline silica in a written hazard communication program.

Issued

Sep 20, 2024

Abate by

Oct 16, 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:  a) On or about March 28, 2024, and times prior to, at the facility, where the employer did not develop and implement a written hazard communication program.  Employees use and handle products such as, but not limited to, Calcium Carbonate Powder, Unsaturated Polyester Resin, and Norox MEKP-900, during the manufacturing process of marble countertops.

Issued

Sep 20, 2024

Abate by

Oct 2, 2024

Penalty

Initial $8,067 · Current $1,444 Reduced

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s).  a) On or about March 28, 2024, where the employer did not ensure safety data sheets were readily accessible to employees while working with products such as, but not limited to, Clear Casting Resin, Calcium Carbonate Powder, Unsaturated Polyester Resin, and Norox MEKP-900.

Issued

Sep 20, 2024

Abate by

Oct 25, 2024

Penalty

Initial $0 · Current $0

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) On or about March 28, 2024, and times prior to, at the facility, where the employer did not train employees on the hazardous chemicals in their work area, including but not limited to Unsaturated Polyester Resin and Norox MEKP-900.