OSHA Inspection: SOLIDSURFACE DESIGN

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $6,620 · Current $6,690

Hazardous substances 8110

General-duty citation text

29 CFR  1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  The employer did not conduct noise monitoring for fabricators exposed to continuous noise levels in excess of the allowable 8-hour time weighted average sound level.   a)Production area : A fabricator was exposed to continuous noise levels in excess of the allowable 8-hour time weighted average sound level (permissible exposure limit). The employee's dosimeter dBA level  was 248.1% of the permissible level (90 dBA)  and was equivalent to approximately 96.6 dBA, The sampling was performed for 474 minutes during one shift on 11/13/24. Zero exposure was assumed for the un-sampled period of time.

Issued

Feb 13, 2025

Abate by

Jan 31, 2026

Penalty

Initial $6,620 · Current $0 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR  1910.95(g)(5)(i):The employer did not establish, within 6 months of an employee's first exposure at or above the action level, a valid baseline audiogram against which subsequent audiograms could be compared:  The employer did not establish, within 6 months of an employees first exposure at or above the action level, a valid base line audiogram for employee with the following exposures.  a)Production area : A fabricator was exposed to continuous noise levels in excess of the allowable 8-hour time weighted average sound level (permissible exposure limit). The  employee's dosimeter dBA  was 248.1% of the permissible level (90 dBA) and was equivalent to approximately 96.6 dBA, The sampling was performed for 474 minutes during one shift on 11/13/24. Zero exposure was assumed for the un-sampled period of time.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION AND DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $6,620 · Current $0 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR  1910.95(k)(1):The employer did not train each employee who was 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 ensure that fabricators with the following noise level exposures were provided training on noise.  a)Production area: A fabricator was exposed to continuous noise levels in excess of the allowable 8-hour time weighted average sound level (permissible exposure limit). The  employee's dosimeter dBA level was 248.1% of the permissible level  (90 dBA) and was equivalent to approximately 96.6 dBA, The sampling was performed for 474 minutes during one shift on 11/13/24. Zero exposure was assumed for the un-sampled period of time.    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

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $2,837 · Current $6,690

General-duty citation text

29 CFR  1910.134(c)(2)(i):Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:  a) Production area stone and Corian sides: Employees using 3M  half face elastomeric respirators and N95 respirators voluntarily were not provided the information contained in Appendix D to 29 CFR 1910.134 prior to use on or about 10/22/24.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:   a) Production area stone and Corian sides: The employer did not develop and implement a site specific written respiratory protection program for employees voluntarily wearing 3M half face elastomeric respirators, on or about 10/22/24.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $0 · Current $0

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 area stone and Corian sides:  The employer did not provide a medical evaluation to employees voluntarily wearing elastomeric half face respirators prior to use, on or about 10/22/24.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $6,620 · Current $6,690

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:  The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of50 ug/m3 as listed below.  a)Production area : A fabricator that grinded and polished stone countertops containing silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of  149 micrograms per cubic meter (ug/m3), which was 2.98 times the permissible exposure limit (PEL) of 50 ug/m3. The sampling was conducted for 476 minutes during one shift on 11/20/24. Zero exposure was assumed for the unsampled period of time.   b)Bridge Saw production area : A fabricator that operated a bridge saw to cut stone countertops containing silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of  64 micrograms per cubic meter (ug/m3), which was 1.27 times the permissible exposure limit (PEL) of 50 ug/m3. The sampling was conducted for 477 minutes during one shift on 11/20/24. Zero exposure was assumed for the unsampled period of time.   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

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(1):Where engineering and work practice controls were not sufficient to reduce employee exposure to or below the PEL, the employer did not supplement them with the use of respiratory protection that complied with the requirements of paragraph (g) of this section.  a) Production area stone side: Fabricators that processed stone and had exposure to crystalline silica above the permissible exposure level, were not required to wear respiratory protection, on or about 10/22/24 .   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

Issued

Feb 13, 2025

Penalty

Initial $6,620 · 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:  The employer did not perform an exposure assessment to determine if employees would be exposed to respirable crystalline silica at or above the action level. Employees had the following results.  a)Production area :A fabricator that grinded and polished stone countertops containing silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of  149 micrograms per cubic meter (ug/m3), which was 2.98 times the permissible exposure limit (PEL) of 50 ug/m3. The sampling was conducted for 476 minutes during one shift on 11/20/24. Zero exposure was assumed for the unsampled period of time.   b)Bridge Saw production area : A fabricator that operated a bridge saw to cut stone countertops containing silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of  64 micrograms per cubic meter (ug/m3), which was 1.27 times the permissible exposure limit (PEL) of 50 ug/m3. The sampling was conducted for 477 minutes during one shift on 11/20/24. Zero exposure was assumed for the unsampled period of time.

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $6,620 · Current $6,690

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:  The employer did not establish a regulated area in the production area stone side where employees had overexposures to respirable crystalline silica as follows :    a)Production area :A fabricator that grinded and polished stone countertops containing silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of  149 micrograms per cubic meter (ug/m3), which was 2.98 times the permissible exposure limit (PEL) of 50 ug/m3. The sampling was conducted for 476 minutes during one shift on 11/20/24. Zero exposure was assumed for the unsampled period of time.   b)Bridge Saw production area : A fabricator that operated a bridge saw to cut stone countertops containing silica was exposed to an airborne concentration of silica at an 8 hour time-weighted average of  64 micrograms per cubic meter (ug/m3), which was 1.27 times the permissible exposure limit (PEL) of 50 ug/m3. The sampling was conducted for 477 minutes during one shift on 11/20/24. Zero exposure was assumed for the unsampled period of time.  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

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $6,620 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(4):The employer did not provide each employee and the employee's designated representative entering a regulated area with an appropriate respirator in accordance with paragraph (g) of this section and did not require each employee and the employee's designated representative to use the respirator while in a regulated area.:  a) Production area stone side:  The employer did not require employees working in the production area stone side to wear respirators where the exposure level to respirable crystalline silica was above the permissible exposure limit, on or about 10/22/24.  b) Production area stone side:  The employer  did not require Corian processing employees who passed through the stone side of production to access the Corian side to wear respirators where the exposure level to respirable crystalline silica was above the permissible exposure limit,  on or about 10/22/24.  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

Issued

Feb 13, 2025

Abate by

Aug 4, 2025

Penalty

Initial $6,620 · Current $6,620

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 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) Production area stone side: The employer did not provide medical surveillance to employees who had an overexposure to respirable crystalline silica for 30 days or more above the permissible exposure limit, on or about 11/20/24.  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

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

Penalty

Initial $6,620 · Current $6,620

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica; specific tasks in the workplace that could result in exposure to respirable crystalline silica; specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; the contents of this section; and, the purpose and a description of the medical surveillance program required by paragraph (i) of this section:  a) Throughout the facility: The employer did not ensure each employee received training on respirable crystalline silica to include the requirements of those listed in the standard, on or about 10/22/24.  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

Issued

Feb 13, 2025

Abate by

Jul 2, 2025

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) Throughout the facility: Employees were not trained on the hazards of the chemicals used such as but not limited to Bulletproof sealer, Acetone, Corian and Respirable Crystalline Silica, observed on or about 10/22/24.  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