OSHA Inspection: ART STONE-GRANITE & MARBLE, INC.

Issued

Mar 19, 2025

Penalty

Initial $11,585 · Current $7,170 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:   a) Production: On or about November 19, 2024 and at times prior, the employer did not provide audiometric testing to employees exposed to noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 94.5 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 477-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Production: On or about November 19, 2024 and at times prior, the employer did not do audiometric testing to employees exposed to noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 92.3 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 480-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  c) Production: On or about November 19, 2024 and at times prior, the employer did not do audiometric testing to employees exposed to noise hazards, in that a fabricator tasked with cutting stone countertops was exposed to high noise at an 8-hour TWA of 94.7 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 474-minute sampling period. Exposure calculations included a zero increment for the time not sampled.   d) Production: On or about November 19, 2024 and at times prior, the employer did not do audiometric testing to employees exposed to noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 95.5 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 473-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  e) Production: On or about November 19, 2024 and at times prior, the employer did not do audiometric testing to employees exposed to noise hazards, in that a fabricator tasked with cutting stone countertops was exposed to high noise at an 8-hour TWA of 93.7 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 464-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

Mar 19, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR  1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:   a) Production: On or about November 19, 2024 and at times prior, the employer did not train each employee exposed to noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 94.5 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 477-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Production: On or about November 19, 2024 and at times prior, the employer did not train each employee exposed to noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 92.3 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 480-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  c) Production: On or about November 19, 2024 and at times prior, the employer did not train each employee exposed to noise hazards, in that a fabricator tasked with cutting stone countertops  was exposed to high noise at an 8-hour TWA of 94.7 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 474-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  d) Production: On or about November 19, 2024 and at times prior, the employer did not train each employee exposed to noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 95.5 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 473-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  e) Production: On or about November 19, 2024 and at times prior, the employer did not train each employee exposed to noise hazards, in that a fabricator tasked with cutting stone countertops was exposed to high noise at an 8-hour TWA of 93.7 dBA. This level exceeded the time-weighted average action level for noise (85 dBA). The exposure was derived from a sample collected for a 464-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

Mar 19, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

Hazardous substances 9000

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) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a medical evaluation was not provided for employees that were required to use Moldex 2200N95 respirators when tasked with stone cutting and grinding.

Issued

Mar 19, 2025

Penalty

Initial $11,585 · Current $7,530 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) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a fit test was not provided for employees that were required to use Moldex 2200N95 respirators tasked with stone cutting and grinding before starting to work.

Issued

Mar 19, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

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) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a respirator training was not provided for employees that were required to use Moldex 2200N95 respirators tasked with stone cutting and grinding before starting to work.  b) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a respirator training was not provided for employees that were required to use Moldex 2200N95 respirators tasked with stone cutting and grinding before starting to work.  c) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a respirator training was not provided for employees that were required to use Moldex 2200N95 respirators tasked with stone cutting and grinding before starting to work.  d) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a respirator training was not provided for employees that were required to use Moldex 2200N95 respirators tasked with stone cutting and grinding before starting to work.  e) Production: On or about October 7, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that a respirator training was not provided for employees that were required to use Moldex 2200N95 respirators tasked with stone cutting and grinding before starting to work.

Issued

Mar 19, 2025

Abate by

Jul 2, 2025

Penalty

Initial $11,585 · Current $7,530 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 g/m3, calculated as an 8-hour TWA:  a) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 126.3 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 456-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 62.0 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 476-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  c) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a a fabricator tasked with cutting stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 278.2 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 480-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  d) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 132.2 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 464-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  e) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a fabricator tasked with cutting stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 518.1 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from samples collected for a 416-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

Mar 19, 2025

Abate by

Jul 2, 2025

Penalty

Initial $11,585 · Current $7,530 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) Production: On or about September 25, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when stone countertop polishers and fabricators had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 126.3 µg/m3. The exposure was derived from a sample collected for a 456-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Production: On or about September 25, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when stone countertop polishers and fabricators had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 62.0 µg/m3. The exposure was derived from a sample collected for a 476-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  c) Production: On or about September 25, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when stone countertop polishers and fabricators had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 278.2 µg/m3. The exposure was derived from a sample collected for a 480-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  d) Production: On or about September 25, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when stone countertop polishers and fabricators had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 132.2 µg/m3. The exposure was derived from a sample collected for a 464-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  e) Production: On or about September 25, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when stone countertop polishers and fabricators had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 518.1 µg/m3. The exposure was derived from samples collected for a 416-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

Mar 19, 2025

Abate by

May 7, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(i): The employer did not demarcate regulated areas from the rest of the workplace in a manner that minimized the number of employees exposed to respirable crystalline silica within the regulated area:   a) Production: On or about November 19, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that the employer failed to demarcate the work area, that had concentrations of respirable crystalline silica above the PEL when employees were tasked with stone fabrication and polishing activities.

Issued

Mar 19, 2025

Abate by

May 7, 2025

Penalty

Initial $11,585 · Current $7,530 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) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that the employer did not establish a demarcated and regulated work area, that had concentrations of respirable crystalline silica above the PEL when employees were tasked with stone fabrication and polishing activities.

Issued

Mar 19, 2025

Abate by

May 7, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(ii): The employer did not post signs at all entrances to regulated areas:   a) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that the employer failed to post signs in the work area, that had concentrations of respirable crystalline silica above the PEL when employees were tasked with stone fabrication and polishing activities.

Issued

Mar 19, 2025

Abate by

May 7, 2025

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) Production: On or about November 19, 2024, and at times prior, the employer exposed employees to respiratory hazards, in that the employer did not post signs at all entrances to regulated areas when employees were tasked with stone fabrication and polishing activities.

Issued

Mar 19, 2025

Abate by

Jul 2, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

Hazardous substances 9000

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) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops without proper ventilation was exposed to Respirable Crystalline Silica at an 8-hour TWA of 126.3 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 456-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 62.0 µg/m3. This level exceeded the Permissible Exposure Limit for RCS at 50 µg/m3. The exposure was derived from a sample collected for a 476-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  c) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a a fabricator tasked with cutting stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 278.2 µg/m3. This level exceeded the Permissible Exposure Limit for RCS  at 50 µg/m3. The exposure was derived from a sample collected for a 480-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  d) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 132.2 µg/m3. This level exceeded the Permissible Exposure Limit for RCS which is 50 µg/m3. The exposure was derived from a sample collected for a 464-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  e) Production: On or about November 19, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that a fabricator tasked with cutting stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 518.1 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from samples collected for a 416-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

Mar 19, 2025

Abate by

Jun 6, 2025

Penalty

Initial $11,585 · Current $7,530 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(i)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year.   a) Production: On or about November 19, 2024 and at times prior, the employer did not provide medical surveillance to employees exposed to respirable crystalline silica above the action level when employees are tasked to cut and polish stone countertops.

Issued

Mar 19, 2025

Penalty

Initial $23,170 · Current $15,000 Reduced

Hazardous substances 8110

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) Production: On or about November 19, 2024 and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 94.5 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 477-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Production: On or about November 19, 2024 and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 92.3 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 480-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  c) Production: On or about November 19, 2024 and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a fabricator tasked with cutting stone countertops  was exposed to high noise at an 8-hour TWA of 94.7 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 474-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  d) Production: On or about November 19, 2024 and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 95.5 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 473-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  e) Production: On or about November 19, 2024 and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a fabricator tasked with cutting stone countertops was exposed to high noise at an 8-hour TWA of 93.7 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 464-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  The employer, ART STONE-GRANITE & MARBLE, INC., was previously cited for a violation of this occupational safety and health standard 29 CFR  1910.95(c)(1),  which was contained in OSHA inspection number 1708018, citation number 2, item number 1 and was affirmed as a final order on June 10, 2024, with respect to a workplace located at 1123 Cobb Pkwy SE Suite C MARIETTA, GA 30060.

Issued

Mar 19, 2025

Penalty

Initial $23,170 · Current $15,000 Reduced

Hazardous substances 9000

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)	At Production: On or about September 25, 2024 and at times prior, the employer exposed employees to respiratory hazards, in that the workplace respiratory protection program was not implemented while employees were tasked with cutting and polishing stone countertops.  The employer, ART STONE-GRANITE & MARBLE, INC., was previously cited for a violation of this occupational safety and health standard 29 CFR  1910.134(c)(1),  which was contained in OSHA inspection number 1708018, citation number 1, item number 1 and was affirmed as a final order on June 10, 2024, with respect to a workplace located at 1123 Cobb Pkwy SE Suite C MARIETTA, GA 30060.