OSHA Inspection: ORY'S GRANITE TOPS LLC

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $3,457 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.95(d)(1): Monitoring. 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.  a) On or about April 25, 2024, a sample of 3 hours and 47 minutes was obtained with an average of 91 dBA for. Ory's Granite Tops LLC, had not developed and implemented a noise exposure monitoring program an employee using a Makita hand grinder to polish and sand granite countertops.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $3,457 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1): Respiratory protection program. In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: (I) Procedures for selecting respirators for use in the workplace; (ii) Medical evaluations of employees required to use respirators; (iii) Fit testing procedures for tight-fitting respirators; (iv) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; (v) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (vii) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (viii) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and (ix) Procedures for regularly evaluating the effectiveness of the program.  a) On or about April 16, 2024, the employer did not establish and implement a written respiratory program with worksite-specific procedures addressing sections 1910.134(i)through (v) and (vii) through (ix) for employees who were required to wear a 3M 8511 N95 Respirator and a non-NIOSH approved Unknown Manufacturer  half-face elastomeric respirator, which were used when cutting, grinding, polishing, and sanding stone countertops.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(d)(1): Selection of respirators. This paragraph requires the employer to evaluate respiratory hazard(s) in the workplace, identify relevant workplace and user factors, and base respirator selection on these factors. The paragraph also specifies appropriately protective respirators for use in IDLH atmospheres and limits the selection and use of air-purifying respirators. General requirements. (ii) The employer shall select a NIOSH-certified respirator. The respirator shall be used in compliance with the conditions of its certification.  a) On or about April 16, 2024, the employer did not select a NIOSH-certified respirator in that a non NIOSH approved half-face elastomeric respirator from an unknown manufacturer was being used when cutting and grinding with the wet Flex saw and the Makita hand grinder on the stone countertops.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.   a) On or about April 16, 2024, the employer did not provide medical evaluations for employees who were required to wear 3M 8511 N95 filtering face pieces and an Unknown Manufacturer half-face elastomeric respirator, while performing work such as cutting, grinding, polishing, and sanding stone countertops, before the employees were fit tested or required to use the respirator in the workplace.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2):  Fit testing. This paragraph requires that, before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. This paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how the results of the fit tests must be used. The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.   a) On or about April 16, 2024, the employer did not ensure that employees were fit tested prior to being required to wear a 3M 8511 N95 filtering face pieces and an Unknown Manufacturer half-face elastomeric respirator while using the Makita Grinders and Flex Saw to cut, grind, sand, and polish stone countertops.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(h)(1)(i):Cleaning and disinfecting. The employer shall provide each respirator user with a respirator that is clean, sanitary, and in good working order. The employer shall ensure that respirators are cleaned and disinfected using the procedures in Appendix B-2 of this section, or procedures recommended by the respirator manufacturer, provided that such procedures are of equivalent effectiveness. The respirators shall be cleaned and disinfected at the following intervals: Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition;  a) On or about April 16, 2024, the employer did not ensure that respirators were cleaned and disinfected using the procedures in Appendix B-2 of this section, or procedures recommended by the respirator manufacturer for the Unknown Manufacturer half-face elastomeric respirator, in that the employer employees were using compressed air at 80 to 120 PSI to clean the respirators with the cartridges still attached.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k): Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so. The employer shall ensure that each employee can demonstrate knowledge of at least the following: (i) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; (ii) What the limitations and capabilities of the respirator are; (iv) How to inspect, put on and remove, use, and check the seals of the respirator; (v) What the procedures are for maintenance and storage of the respirator; (vi) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and (vii) The general requirements of this section.   a) On or about April 16, 2024, the employer had not provided training addressing sections 1910.134(k)(1)(i), (ii), and (iv) through (vii) for employees who were required to wear a 3M 8511 N95 Respirator and an Unknown Manufacturer half-face elastomeric respirator when cutting, grinding, polishing, and sanding stone countertops.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.242(b): Compressed air used for cleaning. Compressed air shall not be used for cleaning purposes except where reduced to less than 30 p.s.i. and then only with effective chip guarding and personal protective equipment.  a) On or about April 16, 2024, the employer used compressed air at 80 to 120 p.s.i. for cleaning items such as but not limited to an Unknown Manufacturer half-face elastomeric respirator with cartridges attached in order to remove dust containing respirable crystalline silica without reducing the pressure to less than 30 p.s.i.

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(1): Exposure assessment-(1) General. The 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 either the performance option in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this section.   a) On or about April 25, 2024, the employer did not assess employee exposure to respirable crystalline silica when using the wet Flex saw and the Makita hand grinder to cut, grind, polish, and sand the stone countertops (granite and quartz).

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $4,839 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): Written Hazard Communication Program. Employers shall 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, and which also includes the following: (i) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas);    a) On or about April 17, 2024, the employer did not develop, implement, and maintain a written hazard communication program for employees who worked with chemicals such as but not limited to V-Max SV-9 adhesive (respiratory irritant), cream hardener (skin irritant), Superior Adhesives Resin Coloring Paste (skin irritant), stone granite (silicosis), and stone quartz (silicosis).

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets 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). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)   a) On or about April 17, 2024, the employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical for employees who worked with chemicals such as but not limited to V-Max SV-9 adhesive (respiratory irritant), cream hardener (skin irritant), Superior Adhesives Resin Coloring Paste,  stone granite (silicosis),  and stone quartz (silicosis).

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.    a) On or about April 17, 2024, the employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment or during the course of their employment for employees who worked with chemicals such as but not limited to V-Max SV-9 adhesive (respiratory irritant), cream hardener (skin irritant), Superior Adhesives Resin Coloring Paste (skin irritant), stone granite (silicosis), and stone quartz (silicosis).

Issued

Sep 5, 2024

Abate by

Oct 23, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2): Hazard assessment and equipment selection. The employer shall 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) On or about April 25, 2024, the employer had not completed a written certification that a workplace hazard assessment had been performed.