OSHA Inspection: FORO MARBLE CO., INC

Issued

2024-12-03 00:00:00

Abate by

2025-01-06 00:00:00

Penalty

Initial $4839.00 · Current $4839.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1)(ii):29 CFR 1910.134(c)(1)(ii):  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 June 24, 2024 - Foro Marble Co, Inc located at 166 2nd Ave, Brooklyn NY 11215 - Fabrication shop  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) from performing task such as cutting, shaping and polishing of natural and engineered stones that contains RCS. The employees were provided with and wore N-95 respirators such as but not limited to 3M 8210 and were not medically evaluated to determine the employee's ability to use the respirator.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19

Issued

2024-12-03 00:00:00

Abate by

2025-01-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece was used, and at least annually thereafter:   a) On or about June 24, 2024 - Foro Marble Co, Inc located at 166 2nd Ave, Brooklyn NY 11215 - Fabrication shop  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) from performing task such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employees were provided with and wore N-95 respirators such as but not limited to 3M 8210 and were not fit tested.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19

Issued

2024-12-03 00:00:00

Abate by

2025-01-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):  a) On or about June 24, 2024 - Foro Marble Co, Inc located at 166 2nd Ave, Brooklyn NY 11215 - Fabrication shop  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) from performing task such as cutting, shaping and polishing of natural and engineered stones that contains RCS. The employees were provided with and wore N-95 respirators such as but not limited to 3M 8210 and were not provided with proper respirator usage training.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.

Issued

2024-12-03 00:00:00

Abate by

2025-01-06 00:00:00

Penalty

Initial $4839.00 · Current $4839.00

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 June 24, 2024 - Foro Marble Co, Inc located at 166 2nd Ave, Brooklyn NY 11215 - Fabrication shop  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) from performing task such as cutting, shaping and polishing of natural and engineered stones that contains RCS. The employer did not assess the employees' exposure to RCS by either conducting personal air monitoring or using objective data that is representative of the workplace.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19

Issued

2024-12-03 00:00:00

Abate by

2025-01-06 00:00:00

Penalty

Initial $4839.00 · Current $4839.00

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 that contained at least the following elements: a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.  a) On or about June 24, 2024 - Foro Marble Co, Inc located at 166 2nd Ave, Brooklyn NY 11215 - Fabrication shop  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) from performing task such as but not limited to polishing of natural and engineered stones that contains crystalline silica. Personal air sampling results revealed that employees are exposed to airborne respirable crystalline silica at 8-hour time-weighted average (TWA) concentrations of 49 �g/m3 and 14�g/m3 for the polishers. The employer did not establish and implement a written ECP to include the description of the tasks in the workplace involving exposure to respirable crystalline silica; a description of the engineering controls, work practices, respiratory protection used to limit employee exposure to respirable crystalline silica; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19

Issued

2024-12-03 00:00:00

Abate by

2025-01-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(1):The employer did not 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 the Hazard Communication Standard 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.  a) On or about June 24, 2024 - Foro Marble Co, Inc located at 166 2nd Ave, Brooklyn NY 11215 - Fabrication shop  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) in the fabrication of countertops while performing task such as cutting, shaping and polishing of natural and engineered stones that contain crystalline silica. The hazards related to exposure to respirable crystalline silica was not included in the written hazard communication program.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.