OSHA Inspection: AVL, LLC DBA E.D. GRANITE

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 Reduced

Hazardous substances 8111

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:  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 AVL, LLC.  a) Fabrication area - On or about February 10, 2025, an employee cutting stone, polishing stone, and using a compressed air gun was exposed to continuous noise levels at 93.2% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 93.2% is approximately 89.8 dBA. The sampling was performed for 453 minutes during one 10-hour work shift.  Zero exposure was assumed for the unsampled period of time, 147 minutes.    Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 Reduced

General-duty citation text

29 CFR  1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:  (a) East wall, Fabrication area -  On or about January 24, 2025, the employer did not ensure that compressed air was reduced to 30 p.s.i. or less prior to use by employees for cleaning purposes. Employees were permitted to use compressed air blow gun at greater than 100 p.s.i. for removing both moisture and particulate from workpieces, work surfaces, and personal clothing.  (a) North wall, Fabrication area -  On or about January 24, 2025, the employer did not ensure that compressed air was reduced to 30 p.s.i. or less prior to use by employees for cleaning purposes. Employees were permitted to use compressed air blow gun at greater than 100 p.s.i. for removing both moisture and particulate from workpieces, work surfaces, and personal clothing.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(h)(2)(i): The employer allowed compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica without being used in conjunction with a ventilation system to capture blown dust:  (a) Fabrication area - On or about January 24, 2025, the employer did not ensure when an employee used compressed air to remove moisture and particulate from workpieces, work surfaces and personal clothing, a ventilation system was used to capture blown dust. The employee was, thereby, exposed to health hazards including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) from inhalation of respirable crystalline silica dust.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Penalty

Initial $3,547 · Current $1,775 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) Fabrication area - On or about  February 10, 2025 -  the employer did not ensure 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 was assessed.  An employee cutting and polishing stone products and using compressed air to clean clothing and work surfaces experienced an exposure to airborne respirable crystalline silica of 39 ug/m3, approximately 1.56 times the OSHA Action Level of 25 ug/m3 and 0.78 times the OSHA permissible exposure limit (PEL) of 50 ug/m3.  (b) Fabrication area - On or about February 10, 2025 -  the employer did not ensure 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 was assessed.  An employee cutting and polishing stone products experienced an exposure to airborne respirable crystalline silica of 38 ug/m3, approximately 1.52 times the OSHA Action Level of 25 ug/m3 and 0.76 times the OSHA permissible exposure limit (PEL) of 50 ug/m3.  Abatement documentation is not required of this item.

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 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 for respirable crystalline silica:   (a) Fabrication area - On or about  February 10, 2025, the employer did not establish and implement a written exposure control plan for respirable crystalline silica, thereby exposing workers to illnesses including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) related to respirable crystalline silica inhalation.  The written exposure control plan must contain at least the following elements: 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; and 3. A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 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) Fabrication area - On or about  February 10, 2025, the employer failed to make medical surveillance available for employees who were occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. The employees were thereby exposed to health hazards including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) from inhalation of respirable crystalline silica dust.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 Reduced

Hazardous substances 04350440101410601385

General-duty citation text

29 CFR 1910.1200(e)(1): The employer had not developed or implemented a written hazard communication program that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   (a) Plant wide - On or about January 24, 2025, the employer did not develop and implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:   1) Requirement for labeling of containers of hazardous chemicals;  2) Safety Data Sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of Safety Data Sheet availability; the labeling system and any precautionary measures to protect employees.  Affected employees were exposed to hazardous chemicals such as, but not limited to, engineered stone products (contains crystalline silica), W. M. Barr Klean Strip Fuel Denatured Alcohol (contains ethyl alcohol, methanol, and methyl isobutyl ketone), Akemi InnoChem LLC Transformer Quartz (contains n-butyl acetate and methanol), and Lithofin Composite Cleaner (contains diethylene glycol monobutyl ether, dipropylene glycol monomethyl ether, and propylene glycol propyl ether).  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $0 · Current $0

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) Fabrication area - On or about January 24, 2025, the employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200), thereby exposing employees to health hazards including, but not limited to, silicosis, lung cancer, and activation of latent tuberculosis (TB) related to respirable crystalline silica inhalation.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 Reduced

Hazardous substances 04350440101410601385

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s):  (a) Fabrication area - On or about January 24, 2025, the employer did not ensure that workplace copies of the required Safety Data Sheets for engineered and natural stone products (contains crystalline silica), W. M. Barr Klean Strip Fuel Denatured Alcohol (contains ethyl alcohol, methanol, and methyl isobutyl ketone), Akemi InnoChem LLC Transformer Quartz (contains n-butyl acetate and methanol), and Lithofin Composite Cleaner (contains diethylene glycol monobutyl ether, dipropylene glycol monomethyl ether, and propylene glycol propyl ether).  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $3,547 · Current $1,775 Reduced

Hazardous substances 04350440101410601385

General-duty citation text

29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv):  (a) Fabrication area - On or about January 24, 2025, the employer did not train employees in at least the following:   1) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); 2) The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area; 3) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and, 4) The details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employees can obtain and use the appropriate hazard information.   Affected employees were exposed to hazardous chemicals such as, but not limited to, engineered stone products (contains crystalline silica), W. M. Barr Klean Strip Fuel Denatured Alcohol (contains ethyl alcohol, methanol, and methyl isobutyl ketone), Akemi InnoChem LLC Transformer Quartz (contains n-butyl acetate and methanol), and Lithofin Composite Cleaner (contains diethylene glycol monobutyl ether, dipropylene glycol monomethyl ether, and propylene glycol propyl ether).  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer failed to ensure that each employee covered under this section can demonstrate knowledge and understanding of 29 CFR 1910.1053(j)(3)(i)(A)-(E):  (a) Fabrication area - On or about January 24, 2025,  the employer did not ensure that each affected employee could demonstrate knowledge and understanding of 29 CFR 1910.1053(j)(3)(i)(A)-(E), thereby exposing employees to health hazards associated with exposure to respirable crystalline silica.  Affected employees at minimum must demonstrate knowledge and understanding of at least the following:   1) The health hazards associated with exposure to respirable crystalline silica; 2) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; 3) 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; 4) The contents of section 29 CFR 1910.1053; and 5) The purpose and a description of the medical surveillance program required in paragraph (i) of 29 CFR 1910.1053.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Abate by

Oct 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, who wear respirators when such use was not required by the employer.   (a) Fabrication area - On or about January 24, 2025, the employer did not ensure that employees permitted to don 3M 8511 N95 filtering facepiece respirators were provided the information contained in Appendix D to 29 CFR 1910.134.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jun 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):   (a) Facility wide - On or about January 24, 2025, the employer did not ensure that employees who operate powered industrial trucks, including the Nissan MCPL02A25LV propane fork truck, were properly trained, evaluated and certified to perform tasks in a safe manner, thereby exposing employees to struck-by hazards.   Abatement documentation is not required of this item.

Issued

Jun 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(e)(1): Cabinets, cutout boxes, fittings, boxes, and panelboard enclosures were not weatherproof in wet locations:  (a) East wall, fabrication area - On or about January 24, 2024, the employer did not ensure that an outlet box was effectively enclosed against stone fabrication processes involving water. The outlet box was designed for wet locations, but was damaged and missing its enclosure cover thereby exposing employees to electrical hazards in damp locations that may result in electrical shock.   Abatement documentation is not required of this item.

Issued

Jun 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:  a) East wall, fabrication area - On or about January 24, 2025, the employer did not ensure that a flexible cord set was not used as a substitute for fixing wiring. The energized cord set was extended from a receptacle outlet and passed through a hole in a wall where it was affixed to the opposite side of that wall and used to energize two additional flexible cord sets attached to Makita handheld stone polishers.   Abatement documentation is not required of this item.

Issued

Jun 9, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.305(g)(1)(iv)(B): Flexible cords and/or cables were run through holes in walls, ceilings, or floors:  a) East wall, fabrication area - On or about January 24, 2025, the employer did not ensure that a flexible cord set was not run through a hole in a wall. The energized cord set was extended from a receptacle outlet and run through a hole in a wall where it was affixed to the other side of that wall where it was attached to a multi-tap, two additional flexible cord sets, and two Makita handheld stone polishers.   Abatement documentation is not required of this item.