OSHA Inspection: THE COUNTERTOP SHOP, INC.

Issued

Apr 10, 2025

Abate by

May 14, 2025

Penalty

Initial $398 · Current $398

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated.  (a) Establishment:  As of April 8, 2025, the employer had not certified to OSHA that the abatement had been completed for Citation 1, Item 1, citation 1 items 2a, 2b and 2c from inspection number 1739524, issued on 9/19/2024, with a final order date of 12/23/2024.

Issued

Apr 10, 2025

Abate by

May 14, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1903.19(d)(1): The employer did not submit to the Agency documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  (a) Establishment:  As of April 8, 2025, the employer had not provided the required abatement documentation to OSHA for Citation 1, Item 1, citation 1 items 2a, 2b and 2c from inspection number 1739524, issued on 9/19/2024, with a final order date of 12/23/2024.

Issued

Sep 19, 2024

Abate by

Feb 28, 2025

Penalty

Initial $388 · Current $194 Reduced

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure to noise equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  (a) Countertop Fabrication Shop and installation sites:  On or about April 5, 2024, the employer did not develop and implement a noise monitoring program.  Abatement Note:  1) When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program in accordance with 29 CFR 1910.95(d)(1), 2) The sampling strategy shall be designed to identify employees for inclusion in the hearing conservation program and to enable the proper selection of hearing protectors, 1910.95(d)(1)(i), 3) Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the employer shall use representative personal sampling to comply with the monitoring requirements of this paragraph unless the employer can show that area sampling produces equivalent results, 1910.95(d)(1)(ii),  4) All continuous, intermittent and impulsive sound levels from 80 decibels to 130 decibels shall be integrated into the noise measurements, 1910.95(d)(2)(i)' 5) Instruments used to measure employee noise exposure shall be calibrated to ensure measurement accuracy, 1910.95(d)(2)(ii) 6) Monitoring shall be repeated whenever a change in production, process, equipment or controls increases noise exposures to the extent that, 1910.95(d)(3): 6 a) Additional employees may be exposed at or above the action level 1910.95(d)(3)(i); or,  6 b) The attenuation provided by hearing protectors being used by employees may be rendered inadequate to meet the requirements of paragraph (j) of this section1910.95(d)(3)(ii). Guidance on conducting and documenting a PPE Hazard Assessment can be found on OSHA's website at: Occupational Noise Exposure - Standards   Occupational Safety and Health Administration (osha.gov)

Issued

Sep 19, 2024

Abate by

Feb 28, 2025

Penalty

Initial $0 · Current $194

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  (a) Countertop Fabrication Shop and installation sites: On or about April 5, 2024, the employer did not verify that the required workplace hazard assessment for personal protective equipment (PPE) had been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  Abatement Note:   Once the PPE Hazard Assessment is completed you shall:   Certify that the hazard assessment has been performed through a written certification in accordance with 1910.132(d)(2), which includes:  1) Identification of the workplace evaluated, 2) The person certifying the evaluation,  3) The date the evaluation was conducted.  Guidance on conducting and documenting a PPE Hazard Assessment can be found on OSHA's website at:    https://www.osha.gov/personal-protective-equipment

Issued

Sep 19, 2024

Abate by

Feb 28, 2025

Penalty

Initial $388 · Current $0 Reduced

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) Countertop Fabrication Shop and installation sites: On or about April 5, 2024, 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.  ABATEMENT NOTE:  In accordance with 29 CFR 1910.1053(d)(1) an employer shall 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 the requirements of this section.     Guidance on monitoring employees for exposure to respirable crystalline silica is available in OSHA Small Entity Compliance Guide for the Respirable Crystalline Silica Standard for General Industry and Maritime.  This document is available on the internet at the following website address:  https://www.osha.gov/Publications/OSHA3911.pdf.

Issued

Sep 19, 2024

Abate by

Feb 28, 2025

Penalty

Initial $388 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain at each workplace, a written hazard communication 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:  (a) Countertop Fabrication Shop and installation sites: On or about April 5, 2024, the employer did not develop, implement, and maintain at each workplace, a written hazard communication 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. Employees work with a variety of stone and stone-like products and flammable chemicals every day.  ABATEMENT NOTE: In accordance with 29 CFR 1910.1200 (e)(1) the written hazard communication program shall at least include the following: a. A list of hazardous chemicals used in the workplace (1910.1200(e)(1)(i)),  b. The methods the employer will use to inform employees of the hazards associated with non-routine tasks and the hazards associated with chemicals contained in unlabeled pipes in their workplace (1910.1200(e)(1)(ii)), c. An explanation of labels and other warnings used by the employer to warn employees of chemical hazards in their workplace (1910.1200(f)), d. An explanation of, and how to access Safety Data Sheets for hazardous chemicals located in their workplace (1910.1200(g)), e. An explanation of how employees will be trained on hazardous chemicals in their workplace (1910.1200(g)).  Additional information is available from the OSHA "Small Entity Compliance Guide for Employer's That Use Hazardous Chemicals", available at https://www.osha.gov/Publications/OSHA3695.pdf