| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2019-02-27
|
| Case Closed |
2022-04-12
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1426535 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 C |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
9282.0 |
| Initial Penalty |
9282.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
5 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. An employee manual batching on the 3rd floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 1298.6 micrograms per cubic meter (µg/m3), 26.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 332 minutes on February 26, 2019. b. An employee working as a silo batcher was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 617.1 micrograms per cubic meter (µg/m3), 12.3 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. c. An employee working as a mixer/collector operator on the 2nd and 3rd floors of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 450.0 micrograms per cubic meter (µg/m3), 9.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. d. An employee working as a spreader operator on the 1st floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 444.1 micrograms per cubic meter (µg/m3), 8.9 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. e. An employee working as a resin/color mixer on the 4th floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 382.6 micrograms per cubic meter (µg/m3), 7.7 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 422 minutes on February 26, 2019. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19101053 F01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
5 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. An employee manual batching on the 3rd floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 1298.6 micrograms per cubic meter (µg/m3), 26.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 332 minutes on February 26, 2019. The employer failed to implement any engineering or work practice control methods for this task. b. An employee working as a silo batcher was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 617.1 micrograms per cubic meter (µg/m3), 12.3 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer failed to implement any engineering or work practice control methods for this task. c. An employee working as a mixer/collector operator on the 2nd and 3rd floors of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 450.0 micrograms per cubic meter (µg/m3), 9.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer failed to implement any engineering or work practice control methods for this task. d. An employee working as a spreader operator on the 1st floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 444.1 micrograms per cubic meter (µg/m3), 8.9 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer failed to implement any engineering or work practice control methods for this task. e. An employee working as a resin/color mixer on the 4th floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 382.6 micrograms per cubic meter (µg/m3), 7.7 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 422 minutes on February 26, 2019. The employer failed to implement any engineering or work practice control methods for this task. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19101053 G02 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
5 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(g)(2): Where respirator use was required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134: a. An employee manual batching on the 3rd floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 1298.6 micrograms per cubic meter (µg/m3), 26.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 332 minutes on February 26, 2019. The employer required respirator use but had not implemented a respirator program. b. An employee working as a silo batcher was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 617.1 micrograms per cubic meter (µg/m3), 12.3 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer required respirator use but had not implemented a respirator program. c. An employee working as a mixer/collector operator on the 2nd and 3rd floors of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 450.0 micrograms per cubic meter (µg/m3), 9.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer required respirator use but had not implemented a respirator program. d. An employee working as a spreader operator on the 1st floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 444.1 micrograms per cubic meter (µg/m3), 8.9 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer required respirator use but had not implemented a respirator program. e. An employee working as a resin/color mixer on the 4th floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 382.6 micrograms per cubic meter (µg/m3), 7.7 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 422 minutes on February 26, 2019. The employer required respirator use but had not implemented a respirator program. |
|
| Citation ID |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 D03 I B 1 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
2 |
| Nr Exposed |
12 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(d)(3)(i)(B)(1): The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration: a. An employee manual batching on the 3rd floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 1298.6 micrograms per cubic meter (µg/m3), 26.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 332 minutes on February 26, 2019. The employee exposure was 2.6 times the maximum use concentration of the respirator provided to the employee. b. An employee working as a silo batcher was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 617.1 micrograms per cubic meter (µg/m3), 12.3 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employee exposure was 1.2 times the maximum use concentration of the respirator provided to the employee. |
|
| Citation ID |
01001E |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. On or about February 20, 2019, employees who were required to wear NIOSH approved 3M respirators while manufacturing quartz countertops had not been provided with medical evaluations prior to wearing the respirators. |
|
| Citation ID |
01001F |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. On or about February 20, 2019, employees who were required to wear NIOSH approved 3M respirators while manufacturing quartz countertops had not been fit tested prior to initial use of the respirator. |
|
| Citation ID |
01003 |
| Citaton Type |
Other |
| Standard Cited |
19101053 E01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
8353.8 |
| Initial Penalty |
9282.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
5 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. An employee manual batching on the 3rd floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 1298.6 micrograms per cubic meter (µg/m3), 26.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 332 minutes on February 26, 2019. The employer did not establish a regulated area. b. An employee working as a silo batcher was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 617.1 micrograms per cubic meter (µg/m3), 12.3 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer did not establish a regulated area. c. An employee working as a mixer/collector operator on the 2nd and 3rd floors of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 450.0 micrograms per cubic meter (µg/m3), 9.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer did not establish a regulated area. d. An employee working as a spreader operator on the 1st floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 444.1 micrograms per cubic meter (µg/m3), 8.9 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer did not establish a regulated area. e. An employee working as a resin/color mixer on the 4th floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 382.6 micrograms per cubic meter (µg/m3), 7.7 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 422 minutes on February 26, 2019. The employer did not establish a regulated area. |
|
| Citation ID |
01005 |
| Citaton Type |
Other |
| Standard Cited |
19101053 I01 I |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
3712.8 |
| Initial Penalty |
9282.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
5 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. An employee manual batching on the 3rd floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 1298.6 micrograms per cubic meter (µg/m3), 26.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 332 minutes on February 26, 2019. The employer did not make medical surveillance available to employees that were or could be exposed to respirable crystalline silica over the permissible exposure limit. b. An employee working as a silo batcher was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 617.1 micrograms per cubic meter (µg/m3), 12.3 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer did not make medical surveillance available to employees that were or could be exposed to respirable crystalline silica over the permissible exposure limit. c. An employee working as a mixer/collector operator on the 2nd and 3rd floors of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 450.0 micrograms per cubic meter (µg/m3), 9.0 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer did not make medical surveillance available to employees that were or could be exposed to respirable crystalline silica over the permissible exposure limit. d. An employee working as a spreader operator on the 1st floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 444.1 micrograms per cubic meter (µg/m3), 8.9 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 424 minutes on February 26, 2019. The employer did not make medical surveillance available to employees that were or could be exposed to respirable crystalline silica over the permissible exposure limit. e. An employee working as a resin/color mixer on the 4th floor of the platform was exposed to Respirable Crystalline Silica at a Time Weighted Average (TWA) of 382.6 micrograms per cubic meter (µg/m3), 7.7 times the permissible exposure limit of 50.0 µg/m3. The sampling was performed for 422 minutes on February 26, 2019. The employer did not make medical surveillance available to employees that were or could be exposed to respirable crystalline silica over the permissible exposure limit. |
|
| Citation ID |
01006A |
| Citaton Type |
Other |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
9282.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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: a. On or about February 20, 2019, the employer did not develop and implement the written hazard communication program which described how requirements of 29 CFR 1910.1200(f), (g), and (h) would be met for employees who have exposure to hazardous materials such as but not limited to thinner, resins and crystalline silica. |
|
| Citation ID |
01006B |
| Citaton Type |
Other |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: a. On or about February 20, 2019, employees used hazardous materials such as but not limited to thinner, resins and crystalline silica while manufacturing quartz countertops and the employer did not provide information and training on the health and physical hazards of these chemicals. |
|
| Citation ID |
01006C |
| Citaton Type |
Serious |
| Standard Cited |
19101053 J01 |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. On or about February 20, 2019, employees were exposed to respirable crystalline silica above the permissible exposure limit during the manufacturer of quartz countertops and the employer failed to provide training to employees on the health hazards associated with exposure to respirable crystalline silica. |
|
| Citation ID |
01007A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 D01 |
| Issuance Date |
2019-05-01 |
| Current Penalty |
9282.0 |
| Initial Penalty |
9282.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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. On or about February 20, 2019, the employer did not perform initial exposure monitoring for respirable crystalline silica for employees manufacturing quartz countertops. |
|
| Citation ID |
01007B |
| Citaton Type |
Serious |
| Standard Cited |
19101053 F02 I |
| Issuance Date |
2019-05-01 |
| Abatement Due Date |
2019-06-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
9282.0 |
| Contest Date |
2019-05-23 |
| Final Order |
2020-07-06 |
| Nr Instances |
1 |
| Nr Exposed |
14 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan: a. On or about February 20, 2019, employees were exposed to respirable crystalline silica above the permissible exposure limit during the manufacturer of quartz countertops and the employer had not established and implemented a written silica exposure control plan. |
|
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