| Inspection Type |
Planned
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2024-02-06
|
| Emphasis |
N: RCS-NEP, P: RCS-NEP
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 D01 |
| Issuance Date |
2024-07-01 |
| Current Penalty |
1729.0 |
| Initial Penalty |
3457.0 |
| Final Order |
2024-07-24 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(d)(1): Exposure assessment-(1) General. The employer shall assess the exposure of each employee who is 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 or about February 6, 2024, the employer did not assess the exposure of each employee who may reasonably be expected to be exposed to respirable crystalline silica at or above the action level while finishing and cutting quartz slabs. This item was corrected during the inspection. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19101053 F02 I |
| Issuance Date |
2024-07-01 |
| Abatement Due Date |
2024-08-30 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-07-24 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(f)(2)(i): The employer shall establish and implement a written exposure control plan that contains at least the following elements: (A) A description of the tasks in the workplace that involve exposure to respirable crystalline silica; (B) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and (C) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica. On or about February 6, 2024, the employer, Optimum Granite & Marble, Inc., did not establish and implement a written exposure control plan for exposure to respirable crystalline silica that included, a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica. during the polishing and cutting of quartz slabs. In accordance with 29 CFR 1903.19(d), abatement documentation is required for this violation. |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19101053 I01 I |
| Issuance Date |
2024-07-01 |
| Abatement Due Date |
2024-08-30 |
| Current Penalty |
1729.0 |
| Initial Penalty |
3457.0 |
| Final Order |
2024-07-24 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(i)(1)(i):Medical surveillance-(1) General. (i) The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who will be occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. On or about February 6, 2024, the employer did not conduct medical surveillance for employees who work in the countertop production shop and had been exposed to respirable crystalline silica at or above the action lever for 30 or more days per year. These employees perform polishing and wet cutting on quartz slabs containing silica. Employees in the production area conducting polishing and cutting of the quartz slabs were exposed to respirable crystalline silica dust over the action level. The 8 hour time weighted average ranged from 29.38 to 39.2375 micrograms/cubic meter. Abatement certification is required for this violation in accordance with 1903.19(c). |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2024-07-01 |
| Abatement Due Date |
2024-08-30 |
| Current Penalty |
1728.0 |
| Initial Penalty |
3457.0 |
| Final Order |
2024-07-24 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1):Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following: 1. Requirement for labeling and other forms of warning as specified in paragraph 29 CFR 1910.1200 (f) 2. Safety data Sheets as specified in paragraph 29 CFR 1910.1200 (g) 3. Employee information and training as specified in paragraph 29 CFR 1910.1200 (h) 4. a list of hazardous chemicals known to be present in the workplace 5. Methods to inform employees of the hazards on non-routine tasks: On or about February 6, 2024, employees were exposed to respiratory health hazards such as, but not limited to, crystalline silica when polishing and cutting the quartz slab. The employer did not develop, implement and maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met. Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d). |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19101053 J01 |
| Issuance Date |
2024-07-01 |
| Abatement Due Date |
2024-08-30 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-07-24 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(j)(1):Communication of respirable crystalline silica hazards to employees-(1) Hazard communication. The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects. On or about February 6, 2024, employees were exposed to respiratory health hazards such as but not limited to crystalline silica when polishing and wet cutting the quartz slabs. The employer failed to develop, implement and maintain at the workplace a written hazard communication program which describes respirable crystalline silica hazards. The employer failed to ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provision of HCS. The employer fail to ensure the following hazards are addressed: cancer, lung effects, immune system effects, and kidney effects. Abatement certification is required for this item in accordance with the requirements of 29 CFR 1903.19(c). |
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