OSHA Inspection: DREAMS OF STONE LLC

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $4965.00 · Current $2500.00 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(c)(1): A continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (n) was not instituted when employee noise exposures equaled or exceeded an 8-hour time-weighted average (TWA) sound level of 85 dBA:  An effective hearing conservation program which included noise monitoring, audiometric testing of employees and training of employees as detailed in the standard was not instituted by Dreams of Stone LLC.  a) An employee in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations was exposed to continuous noise levels at 150% of the allowable 8-hour, time-weighted average sound level for noise (90 dBA). The equivalent dBA level of 150% is approximately  92.9 dba. The sampling was performed for 453 minutes during one 8-hour shift on January 27, 2025. Zero exposure was assumed for the unsampled period of time.  b) An employee in the production area conducting marble, engineered stone and granite countertop cutting utilizing a bridge saw was exposed to continuous noise levels at 75.8 % of the allowable 8-hour, time-weighted average sound level for noise (85 dBA). The equivalent dBA level of 75.8 % is approximately 88.0 dBA. The sampling was performed for 439 minutes during one 8-hour shift on January 27, 2025. Zero exposure was assumed for the unsampled period of time.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-04-21 00:00:00

Penalty

Initial $4965.00 · Current $2500.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(d)(1)(ii): The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification:  a. On January 27, 2025, the employer did not select and provide a NIOSH-certified respirator in compliance with the conditions of its certification. Employees were provided with an unknown brand full facemask elastomeric respirator.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $4965.00 · Current $0.00 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) On or about November 7, 2024, the employer did not establish and implement a written respiratory protection program when respirators were necessary to protect the health of employees from hazardous chemicals, such as, but not limited to, respirable crystalline silica.  Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations were exposed to respirable crystalline silica dust  approximately 1.9 and 3.75  times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3. The employer required employees to use 3M Series 6000 half mask elastomeric facepiece respirators and N-95 Honeywell DC300N95 filtering facepiece respirators.  All provisions of 29 CFR 1910.134(d) through (m) must be contained in a written respiratory protection program for mandatory use of respirators. Key elements include, but are not limited to:  1) Procedures for selection of respirators 2) Medical evaluations for respirator use 3) Fit testing procedures 4) Procedures for proper use, cleaning, maintenance, and storage of respirators 5) Employee training 6) Procedures for regularly evaluating the respirator program  In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(2): Where respirator use was required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:   a) On or about November 7, 2024, the employer did not establish and implement a written respiratory protection program for employees wet and dry cutting, grinding and polishing natural and engineered stone countertops containing approximately 50% and 70% quartz silica.    Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations were exposed to respirable crystalline silica dust  approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3. The employer required employees to use 3M Series 6000 half mask elastomeric facepiece respirators and N-95 Honeywell DC300N95 filtering facepiece respirators.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $4965.00 · Current $0.00 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) On or about November 7, 2024, the employer did not ensure that employees who fabricated stone countertops, and who were required to use 3M Series 6000 half mask elastomeric facepiece respirators and N-95 Honeywell DC300N95 filtering facepiece respirators were medically evaluated to determine their ability to wear the respirators.   Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations were exposed to respirable crystalline silica dust approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3.   In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 and at least annually thereafter.  a) On or about November 7, 2024, the employer did not ensure that employees who fabricated stone countertops, and who were required to use 3M Series 6000 half mask elastomeric  facepiece respirators and N-95 Honeywell DC300N95 filtering facepiece respirators, were fit tested prior to initial use.  Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations were exposed to respirable crystalline silica dust approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3.   In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 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 November 7, 2024, the employer required its employees to use respiratory protection, including 3M Series 6000 half mask elastomeric facepiece respirators and N-95 Honeywell DC300N95 filtering facepiece respirators, when conducting countertop fabrication operations, without ensuring that each employee demonstrated knowledge on why the respirator was necessary and how improper fit, usage, storage or maintenance can compromise the protective effect of the respirator.   Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations were exposed to respirable crystalline silica dust approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3.   In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Penalty

Initial $4965.00 · Current $2500.00 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) On or about November 7, 2025, 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. Employees perform wet and dry cutting, grinding and polishing on natural and engineered stone countertops containing between approximately 50% and 70% quartz silica.   No abatement documentation is required for this item.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $4965.00 · Current $0.00 Reduced

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:   a) On or about November 7, 2025,  the employer did not establish and implement a written exposure control plan while employees were wet and dry cutting, grinding and polishing natural and engineered stone countertops containing approximately 70% and 50% quartz silica.   Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations was exposed to respirable crystalline silica dust approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3.   All provisions of 1910.1053(f)(2)(i) (A) - (C) must be covered in a written respirable crystalline silica exposure control plan. Key elements include, but are not limited to the following:   1) A description of the tasks in the workplace that involve exposure to respirable crystalline silica.  2) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task.  3) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.  In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-09-02 00:00:00

Penalty

Initial $4965.00 · Current $3000.00 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) On January 27, 2025, an employee in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations was exposed to airborne concentrations of respirable crystalline silica (quartz), a carcinogen, at 186 �g/m3, approximately 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 �g/m3 as an 8-hour time-weighted average. The PEL was established to prevent silicosis and lung cancer.  The exposure level was derived from a sample taken over a 453 minute period during the first shift starting on January 27, 2025.  Zero exposure was assumed for the unsampled period of 27 minutes.  b) On January 27, 2025, an employee in the production area conducting marble, engineered stone and granite countertop cutting operations utilizing a bridge saw was exposed to airborne concentrations of respirable crystalline silica (quartz), a carcinogen, at 95.1 �g/m3, approximately 1.9 times over the OSHA Permissible Exposure Limit (PEL) of 50 �g/m3 as an 8-hour time-weighted average. The PEL was established to prevent silicosis and lung cancer.  The exposure level was derived from a sample taken over a 439 minute period during the first shift starting on January 27, 2025.  Zero exposure was assumed for the unsampled period of 41 minutes.  In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-09-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

229 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:  Feasible engineering controls and work practices were not instituted to reduce and maintain employee exposures to crystalline silica at or below the permissible exposure limit:   a) On January 27, 2025, an employee in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations was exposed to airborne concentrations of respirable crystalline silica (quartz), a carcinogen, at 186 �g/m3, approximately 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 �g/m3 as an 8-hour time-weighted average. The PEL was established to prevent silicosis and lung cancer.  The exposure level was derived from a sample taken over a 453 minute period during the first shift starting on January 27, 2025.  Zero exposure was assumed for the unsampled period of 27 minutes.  b) On January 27, 2025, an employee in the production area conducting marble, engineered stone and granite countertop cutting operations utilizing a bridge saw was exposed to airborne concentrations of respirable crystalline silica (quartz), a carcinogen, at 95.1 �g/m3, approximately 1.9 times over the OSHA Permissible Exposure Limit (PEL) of 50 �g/m3 as an 8-hour time-weighted average. The PEL was established to prevent silicosis and lung cancer.  The exposure level was derived from a sample taken over a 439 minute period during the first shift starting on January 27, 2025.  Zero exposure was assumed for the unsampled period of 41 minutes.  General methods of control applicable in this circumstance include, but are not limited to the following:  1. Seek the expertise of a competent individual such as an engineer or certified industrial hygienist to obtain recommendations to implement appropriate engineering controls such as designated local exhaust ventilation or water-wall dust extractors. Prepare design documentation for the successful installation of recommended equipment including training workers to position themselves to perform grinding and polishing operations within the dust extractor's enclosure.  2. Evaluate all equipment used for manual grinding and polishing operations to ensure that it is functioning as designed and the water flow rate is adjusted per the manufacturer's recommendations.  3. Perform periodic maintenance checks on any equipment with integrated water delivery system to ensure that the system, including water flow rates and dispersion is functioning as designed in accordance with manufacturer's recommendations.  4. Establish and implement an effective housekeeping program, using wet sweeping or HEPA-filtered vacuuming to ensure that all dust is promptly & regularly removed to prevent the accumulation of silica containing dust on horizontal surfaces.  STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented, or whenever such controls fail to reduce employee exposure to the respirable dust permissible exposure limits.  Abatement due by April 30, 2025.  STEP 2: Submit to the area director a written, detail plan of abatement outlining a schedule for the implementation of engineering and/or administrative measure to control employee exposure to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following action which must be consistent with the abatement dates required by this citation. Abatement due by May 21, 2025.  1) Evaluation of engineering/administrative control options;  2) Selection of optimum control methods and completion of design;  3) Procurement, installation and operation of selected control measures; and  4) Testing and acceptance or modification/redesign of controls.  STEP 3: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance. Abatement due by July 9, 2025.  In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-06-02 00:00:00

Penalty

Initial $4965.00 · Current $2500.00 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 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) On or about November 7, 2025, the employer did not make medical surveillance available for employees who work in the countertop fabrication area and had been exposed to respirable crystalline silica at or above the action level for 30 or more days per year.   Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations were exposed to respirable crystalline silica dust approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3.   In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $4965.00 · Current $2000.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):    a) On or about November 7, 2024, the employer did not provide training to employees on the hazardous chemicals, present at the shop such as, but not limited to, crystalline silica exposure while wet and dry cutting, grinding and polishing natural and engineered stone countertops containing between approximately 70% and 50% quartz silica.   Employees in the production area conducting marble, engineered stone and granite countertop polishing and grinding operations was exposed to respirable crystalline silica dust approximately 1.9 and 3.75 times over the OSHA Permissible Exposure Limit (PEL) of 50 ?g/m3.   In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met.  (a) On or about November 7, 2024, the employer did not implement, at the workplace, a written hazard communication program in accordance with 29 CFR 1910.1200 that describe at least the following:  1) Requirement for labeling of containers of hazardous chemicals: 2) Training of employees; 3) A complete list of hazardous chemicals known to be in the workplace; 4) Methods to inform employees of the hazards of non-routine tasks; and, 5) Methods to inform other employer(s) of material safety data sheets availability; the labeling system and any precautionary measures to protect employees.  Employees were exposed to chemicals including, but not limited to: Engineered stone, Quartz, Granite, Marble countertop material (containing silica) and denatured alcohol.   In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

2025-04-09 00:00:00

Abate by

2025-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area.  a)On or about November, 7, 2024, the employer did not ensure that employees were provided training on the hazardous chemicals at the worksite including chemicals from lacquer spraying operations including, but not limited to: quartz, granite, natural and engineered stone countertop material (containing silica) and denatured alcohol.  In accordance with 29 CFR 1903.19 (d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.