OSHA Inspection: TOPS IN STONE, INC.

Issued

Mar 10, 2025

Penalty

Initial $4,729 · Current $2,837 Reduced

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) 623 W Vermijo Ave, Colorado Springs, CO 80905: On or about January 15 and at times prior, the employer did not establish and implement a written respiratory protection program with the elements required by this standard. Employees were required to use respirators when cutting stone slabs. The employer had not assessed employee exposure to respiratory hazards, employees had not received medical evaluations for respirator use, and employees had not been fit tested for provided respirators. Employees cutting and polishing stone slabs and products may be exposed to respirable crystalline silica, a hazardous air contaminant that may result in kidney damage, Chronic obstructive pulmonary disease (COPD), silicosis, and/or lung cancer.

Issued

Mar 10, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(6)(i): The employer did not obtain from the physician or other licensed health care professional (PLHCP) a written recommendation regarding the employee's ability to use the respirator:  a) 623 W Vermijo Ave, Colorado Springs, CO 80905: On or about January 15 and at times prior, the employer did not provide employees medical evaluations to determine the employee's ability to use a tight-fitting respirator. Employees were required to use half-face elastomeric respirators when dry cutting and grinding stone.

Issued

Mar 10, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a) 623 W Vermijo Ave, Colorado Springs, CO 80905: On or about January 15 and at times prior, the employer did not ensure that employees required to use tight-fitting respirators when cutting stone slabs and pieces, passed a fit test as required by this standard. Use of ill-fitting respirators may result in exposure to airborne contaminants such as respirable crystalline silica, a hazardous air contaminant that may result in kidney damage, Chronic obstructive pulmonary disease (COPD), silicosis, and/or lung cancer.

Issued

Mar 10, 2025

Abate by

Apr 7, 2025

Penalty

Initial $3,783 · Current $2,270 Reduced

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:  a) 623 W Vermijo Ave, Colorado Springs, CO 80905: On or about January 15 and at times prior, the employer did not implement an exposure control plan where employees conduct tasks with exposure to respirable crystalline silica, including but not limited to cutting and polishing stone slabs, and cleaning stone dust.

Issued

Mar 10, 2025

Abate by

Apr 28, 2025

Penalty

Initial $0 · Current $0

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) 623 W Vermijo Ave, Colorado Springs, CO 80905: On or about January 15 and at times prior, the employer did not assess the exposure of employees who cut, grind, and polish stone slabs and may be exposed to respirable crystalline silica at or above the action level. Exposure to respirable crystalline silica may result in kidney damage, Chronic obstructive pulmonary disease (COPD), silicosis, and/or lung cancer.