OSHA Inspection: L & M MARBLE & GRANITE, INC.

Issued

2026-06-05

Penalty

Initial $3972 · Current $3972

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:   On the production floor at 218 Worcester Street, North Grafton, MA: On or about March 20, 2026, and at times prior, the employer did not implement a written respiratory protection program for employees who are required to wear 3M N95 filtering facepiece device respirators while cutting and grinding stone countertops.  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to respirable crystalline silica above the action level with an 8-hour TWA of 47.46 ug/m3 during stone grinding operations.  ABATEMENT NOTE:  A respirator program shall include the following elements:    -Procedures for selecting respirators  -Medical evaluations for employees required to use respirators  -Procedures for fit testing tight fitting respirators  -Procedures for proper use of respirators  -Procedures and schedules for cleaning, storing, inspecting, and maintaining respirators  -Training of employees about respiratory hazards in the workplace  -Training on proper use of respirators  -Procedures for regularly evaluating the effectiveness of the program  *Abatement notes are intended only to provide clarity regarding existing requirements under the law or agency policies. Abatement notes do not create (or diminish) legal obligations under the Occupational Safety and Health Act.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(d)(1)(ii): The employer did not select and use a National Institute for Occupational Safety and Health (NIOSH)-certified respirator in compliance with the conditions of its certification:  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not provide employees with a NIOSH-certified respirator.  During the walkaround, two employees were observed, required to wear, KN-95 masks, which are not approved, or certified, by NIOSH.  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to RCS above the action level with an 8-hour TWA of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine employees' ability to use a respirator before employees were fit tested or required to use the respirator in the workplace:   On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, two employees were not provided medical evaluations prior to being required to wear N-95 filtering facepiece device respirators to protect from exposure to respirable crystalline silica.

Issued

2026-06-05

Abate by

2026-07-24

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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):   On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not ensure that employees were quantitatively or qualitatively fit-tested for required-use 3M N95 filtering facepiece device respirators.  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to RCS above the action level with an 8-hour TWA of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not ensure that employees, required to use N-95 filtering facepiece device respirators, did not have facial hair which came between the sealing surface of the facepiece and the face.  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to respirable crystalline silica above the action level with an 8-hour TWA of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

Penalty

Initial $3972 · Current $3972

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:  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not assess the exposure of employees performing concrete filling and housekeeping processes, who may be exposed to respirable crystalline silica at or above the action level of 25 micrograms per cubic meter (ug/m3).  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica at an 8-hour time-weighted average concentration of 60. 231 micrograms per cubic meter (ug/m3).  Another employee was exposed to respirable crystalline silica above the action level with an 8-hour time-weighted average concentration of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

Penalty

Initial $3972 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(i): The employer did not establish a written exposure control plan (ECP) that covers the requirements in (f)(2)(i)(A), (B), and (C):  In the stone grinding and stone cutting area at 218 Worcester Street, North Grafton, MA:  On and before March 20, 2026, and at times prior, the employer did not establish and implement a written ECP including the description of the tasks in the workplace involving exposure to respirable crystalline silica (RCS), a description of the engineering controls, work practices, respiratory protection used to limit employee exposure to RCS, and a description of the housekeeping measures used to limit employee exposure to RCS.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to RCS above the action level with an 8-hour TWA of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

Penalty

Initial $3972 · Current $0 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:  At the stone grinding and stone cutting area at 218 Worcester Street, North Grafton, MA:  On and before March 20, 2026, and at times prior, the employer did not ensure that employees, who perform countertop stone grinding and cutting operations, are provided an initial baseline medical examination, prior to performing such duties, and then at least every three years thereafter.  Personal air sampling results revealed that one employee was exposed to airborne respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to respirable crystalline silica above the action level with an 8-hour TWA of 47.46 ug/m3, during stone grinding operations.  ABATEMENT NOTE: The initial baseline examination shall consist of the following elements: -  Medical and work history with an emphasis on past, present, and anticipated exposure to respirable crystalline silica (RCS), -  A physical examination -  A chest x-ray -  A pulmonary function test to include forced vital capacity, testing for latent tuberculosis, and other tests deemed necessary by the physician or other licensed health care professional (PLHCP).  *Abatement notes are intended only to provide clarity regarding existing requirements under the law or agency policies. Abatement notes do not create (or diminish) legal obligations under the Occupational Safety and Health Act.

Issued

2026-06-05

Penalty

Initial $3972 · Current $3972

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(1): The employer did not include respirable crystalline silica (RCS) in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not include respirable crystalline silica (RCS) in a hazard communication program to ensure that stone countertop grinding and cutting employees are trained, have access to labels and safety data sheets (SDS) and that long term health effects of RCS are understood.  Personal air sampling results revealed that one employee was exposed to airborne RCS at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to RCS above the action level with an 8-hour TWA of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

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 following: (A) the health hazards associated with exposure to respirable crystalline silica (RCS); (B) specific tasks in the workplace that could result in exposure to RCS; (C) specific measures the employer has implemented to protect employees from exposure to RCS, including engineering controls, work practices, and respirators to be used; (D) the contents of this section; and, (E) the purpose and a description of the medical surveillance program required by paragraph (i) of this section:  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not train employees of the health hazards, tasks that result in exposure to RCS, measures implemented to protect employees from RCS exposure, engineering controls, work practices, and types of respirators to be used, and medical surveillances required.  Personal air sampling results revealed that one employee was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of 60.231 micrograms per cubic meter (ug/m3).  Another employee was exposed to RCS above the action level with 8-hour TWA of 47.46 ug/m3 during stone grinding operations.

Issued

2026-06-05

Penalty

Initial $3972 · Current $0 Reduced

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:   On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not develop a written hazard communication program program which included all hazardous chemicals, such as but not limited to,  respirable crystalline silica (RCS), 3-in-1 spray cleaner-polisher-protector, Tenax Spa Ager primer, and Akemi Stone Impregnation.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet:  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, employees working in the grinding, and cutting department were exposed to hazardous materials such as, but not limited to, respirable crystalline silica (RCS), 3-in-1 spray cleaner-polisher-protector, Tenax Spa Ager primer and Akemi Stone Impregnation, and the employer did not maintain in the workplace a list of all hazardous chemicals known to be present.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):   On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, employees working in the grinding, and cutting, department were exposed to hazardous materials such as, but not limited to,  respirable crystalline silica (RCS), 3-in-1 spray cleaner-polisher-protector, Tenax Spa Ager primer and Akemi Stone Impregnation, and the employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(h)(1): Employers did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  On the production floor at 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer did not provide effective information and training on hazardous chemicals in their work area at the time of initial assignment and whenever new chemicals were introduced into the work environment.

Issued

2026-06-05

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment:  At 218 Worcester Street, North Grafton, MA:  On or about March 20, 2026, and at times prior, the employer had not verified, through a written certification, that an assessment had been performed to determine if hazards were present and necessitated the use of personal protective equipment (PPE) to protect employees working on the fabrication of stone countertops.