OSHA Inspection: SUPERB SURFACES & DESIGN, LLC

Issued

Mar 25, 2025

Abate by

Apr 18, 2025

Penalty

Initial $6,620 · Current $4,500 Reduced

Hazardous substances S103

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  19, 2024, the employer did not ensure that a written respiratory protection program was established and implemented for those employees required to wear respiratory protection. Employees conducting manufactured stone countertop cutting, polishing, and grinding operations were exposed to crystalline silica dust approximately 1.36 times the OSHA Permissible Exposure Limit (PEL) of 50 µg/m^3. Employees were required to wear a 3M 6500 half-face respirator.   The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of 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 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

Mar 25, 2025

Abate by

Apr 18, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

1910.1053(g)(2): 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  19, 2024, the employer did not ensure that a written respiratory protection program was established and implemented for those employees required to wear respiratory protection. Employees conducting manufactured stone countertop cutting, polishing, and grinding operations were exposed to crystalline silica dust approximately 1.36 times the OSHA Permissible Exposure Limit (PEL) of 50 µg/m^3. Employees were required to wear a 3M 6500 half-face respirator.   The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of 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 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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $6,620 · Current $0 Reduced

Hazardous substances S103

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  19, 2024, the employer did not provide a medical evaluation to determine the employee's ability to wear a 3M 6500 half-face respirator. Employees were required to wear a 3M 6500 half-face respirator when cutting and polishing engineered stone in the production area.  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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) On or about November  19, 2024,  the employer did not ensure that employees using tight-fitting facepiece respirators were fit tested prior to initial use of the respirator. Employees were required to use a 3M 6500 half-face respirator in the production area.   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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function.  a)  On or about November 19, 2024, the employer did not ensure that the employees required to use a 3M 6500 half-face respirator did not have facial hair that interfered with the seal between the facepiece and the face.   b) On December 3, 2024, the employer did not ensure that the employees required to use a 3M 6500 half-face respirator did not have facial hair that interfered with the seal between the facepiece and the face.   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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $0 · Current $0

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 November 19, 2024, Superb Surfaces & Design, LLC did not ensure that each employee required to wear respiratory protection demonstrated knowledge why the respirator was necessary and how improper fit, usage, storage or maintenance can compromise the protective effect of the respirator. Employees were required to use a 3M 6500 half-face respirator with P100 cartridges when cutting and grinding countertops in the production area.  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

Mar 25, 2025

Abate by

Aug 1, 2025

Penalty

Initial $6,620 · Current $4,500 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 ug/m3, calculated as an 8-hour TWA.  a) On December 3, 2024 an employee in the production area performing engineering stone polishing and grinding operations was exposed to airborne concentrations of respirable crystalline silica (quartz) at 68 µg/m^3, approximately 1.36 times the OSHA Permissible Exposure Limit (PEL) of 50 µg/m^3 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  465-minute period during the first shift starting on December 3, 2024.  Zero exposure was assumed for the unsampled period of 15 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 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

Mar 25, 2025

Abate by

Aug 1, 2025

Penalty

Initial $0 · Current $0

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:  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 December 3, 2024, an employee in the production area performing engineering stone polishing and grinding operations was exposed to airborne concentrations of respirable crystalline silica (quartz) at 68 µg/m^3, approximately 1.36 times the OSHA Permissible Exposure Limit (PEL) of 50 µg/m^3 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  465-minute period during the first shift starting on December 3, 2024.  Zero exposure was assumed for the unsampled period of 15 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 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 18, 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 2, 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 June 2, 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 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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $6,620 · Current $4,500 Reduced

Hazardous substances S103

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 19, 2024, Superb Surfaces & Design, LLC did not establish and implement a written exposure control plan while employees were wet and dry cutting, grinding and polishing engineered stone countertops containing up to 90% quartz silica.   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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $6,620 · Current $0 Reduced

Hazardous substances S103

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 19, 2024, the employer did not provide training to the employees on respirable crystalline silica to which they were exposed while wet cutting, grinding and polishing engineered stone countertop containing up to 90% silica (quartz).  One employee was exposed above the OSHA Permissible Exposure Limit (PEL) of 50 µg/m^3.  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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $0 · Current $0

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; the contents of this section; and the purpose and a description of the medical surveillance program required by paragraph (i) of this section:  a) On or about November 19, 2024, the employer did not ensure that employees cutting, grinding and polishing engineered stone countertops containing up to 90% silica quartz were provided with training regarding the health hazards of respirable crystalline silica (RCS), tasks that exposed them to the RCS, and any implemented control measures.   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

Mar 25, 2025

Abate by

May 2, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

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 described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) would be met:  (a) On or about November 19, 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: Quartz, Granite, and Marble countertop material (containing 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

Mar 25, 2025

Abate by

Jun 9, 2025

Penalty

Initial $6,620 · Current $4,500 Reduced

Hazardous substances S103

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 19, 2024, the employer did not conduct medical surveillance for employees who work in the production area and had been exposed to respirable crystalline silica at or above the action level for 30 or more days per year. The employees were cutting and polishing engineered stone containing up to 90% 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.