OSHA Inspection: BRAZILIAN STONE DESIGN LLC

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $6620.00 · Current $4500.00 Reduced

Hazardous substances 8110

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:  a) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a fabricator tasked with cutting stone countertops was exposed to high noise at an 8-hour TWA of 96.8 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 473-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer did not administer an effective hearing conservation program for employees exposed to high noise hazards, in that a polisher tasked with polishing stone countertops was exposed to high noise at an 8-hour TWA of 93.0 dBA. This level exceeded the time-weighted average Permissible Exposure Limit for noise (90 dBA). The exposure was derived from a sample collected for a 465-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $6620.00 · Current $4500.00 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)  Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that the workplace respiratory program was not established while employees were tasked with cutting and polishing stone countertops.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a medical evaluation was not provided for employees that were required to use half-face elastomeric respirators with cartridges when tasked with stone cutting and polishing.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 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:  a) Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a fit test was not provided for employees that were required to use half-face elastomeric respirators with cartridges when tasked with stone cutting and polishing before starting to work.

Issued

2025-05-28 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) Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a respirator training was not provided for employees that were required to use half-face elastomeric respirators with cartridges tasked with stone cutting and polishing before starting to work.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $6620.00 · Current $6620.00

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) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a fabricator tasked with fabricating stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 179.17 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 467-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops was exposed to Respirable Crystalline Silica at an 8-hour TWA of 166.3 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 467-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:  a) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a fabricator tasked with fabricating stone countertops without proper ventilation was exposed to Respirable Crystalline Silica at an 8-hour TWA of 179.17 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 467-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a polisher tasked with polishing stone countertops without proper ventilation was exposed to Respirable Crystalline Silica at an 8-hour TWA of 166.3 µg/m3. This level exceeded the Permissible Exposure Limit for RCS (50 µg/m3). The exposure was derived from a sample collected for a 467-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $6620.00 · Current $6620.00

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) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when a stone countertop fabricator had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 179.17 µg/m3. The exposure was derived from a sample collected for a 467-minute sampling period. Exposure calculations included a zero increment for the time not sampled.  b) Warehouse/Production Area: On or about February 19, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that a exposure monitoring for respirable crystalline silica was not performed when a stone countertop polisher had been exposed above the action level. Respirable Crystalline Silica sampling results of an 8-hour TWA yielded 166.3 µg/m3. The exposure was derived from a sample collected for a 467-minute sampling period. Exposure calculations included a zero increment for the time not sampled.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $4729.00 · Current $4729.00

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:  a) Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that the employer did not establish a regulated work area, that had concentrations of respirable crystalline silica above the PEL when employees were tasked with stone fabrication and polishing activities.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(ii):The employer failed to post signs at all entrances to regulated areas:  a) Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that the employer did not post signs at all entrances to regulated areas, that had concentrations of respirable crystalline silica above the PEL when employees were tasked with stone fabrication and polishing activities.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(2):The employer did not post signs at all entrances to regulated areas that bear the following legend:  DANGER                                                                                 RESPIRABLE CRYSTALLINE SILICA  MAY CAUSE CANCER  CAUSES DAMAGE TO LUNGS  WEAR RESPIRATORY PROTECTION IN THIS AREA  AUTHORIZED PERSONNEL ONLY  a)  Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that the employer did not post signs at all entrances to regulated areas when employees were tasked with stone fabrication and polishing activities.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $6620.00 · Current $4500.00 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) Warehouse/Production Area: On or about February 13, 2025, and at times prior, the employer exposed employees to respiratory hazards, in that the employer did not establish and implement a written exposure control plan for employees that had concentrations of respirable crystalline silica above the PEL, and were tasked with stone fabrication and polishing activities.

Issued

2025-05-28 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $6620.00 · Current $1531.00 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) Production/Warehouse Area: On or about February 13, 2025, and at times prior, the employer did not provide medical surveillance to employees exposed to respirable crystalline silica above the action level when employees are tasked to cut and polish stone countertops.