| Inspection Type |
Complaint
|
| Scope |
Complete
|
| Safety/Health |
Health
|
| Close Conference |
2023-11-28
|
| Emphasis |
N: RCS-NEP, P: RCS-NEP
|
| Case Closed |
2024-10-28
|
Related Activity
| Type |
Complaint |
| Activity Nr |
2105899 |
| Safety |
Yes |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19100178 L01 I |
| Issuance Date |
2024-04-05 |
| Abatement Due Date |
2024-10-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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): Note: Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace. a.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 11/28/2023: Employees operate a Komatsu 20 propane powered forklift to bring slabs of stone from the outdoor lot into the Stone Shop. The employer did not ensure that each employee tasked with operating the powered industrial truck was competent to operate the powered industrial truck. Abatement certification is required. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 D01 |
| Issuance Date |
2024-04-05 |
| Current Penalty |
1659.0 |
| Initial Penalty |
2765.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| 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.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: Polisher was working in the stone shop wet polishing silica containing stone, including but not limited to, Quartz slabs, and the employer did not conduct an exposure assessment. Polisher was exposed to 31.87 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), which is above the OSHA action level of 25 mcg/m3. The sampling period was for 478 minutes. A zero increment was included for the 22 minutes not sampled. b.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: Sawyer was working in the stone shop wet cutting silica containing stone, including but not limited to, Quartz slabs, and the employer did not conduct an exposure assessment. Sawyer was wet cutting Quartz countertops and was exposed to respirable crystalline silica. Sawyer was exposed to 38.00 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), which is above the OSHA action level of 25 mcg/m3. The sampling period was for 480 minutes. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101053 F02 I |
| Issuance Date |
2024-04-05 |
| Abatement Due Date |
2024-10-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| 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.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: The employer did not establish or implement a written exposure control plan for employees processing silica-containing stone, including but not limited to, Quartz, Quartzite, and Granite. Polisher was wet polishing Quartz countertops and was exposed to respirable crystalline silica. Polisher was exposed to 31.87 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), which is above the OSHA action level of 25 mcg/m3. The sampling period was for 478 minutes. A zero increment is included for the 22 minutes not sampled. b.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: The employer did not establish or implement a written exposure control plan for employees processing silica-containing stone, including but not limited to, Quartz, Quartzite, and Granite. Sawyer was wet cutting Quartz countertops and was exposed to respirable crystalline silica. Sawyer was exposed to 38.00 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), which is above the OSHA action level of 25 mcg/m3. The sampling period was for 480 minutes. Abatement certification is required. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19101053 I01 I |
| Issuance Date |
2024-04-05 |
| Abatement Due Date |
2024-10-22 |
| Current Penalty |
1659.0 |
| Initial Penalty |
2765.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| 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 the employee, and at a reasonable time and place, for each employee who was occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. a.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: Polisher was wet polishing Quartz countertops and was exposed to respirable crystalline silica above the action level for 30 or more days per year and the employer did not make medical surveillance available to the employee. Polisher and was exposed to 31.87 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), which is above the OSHA action level of 25 mcg/m3. The sampling period was for 478 minutes. A zero increment is included for the 22 minutes not sampled. b.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: Sawyer was wet cutting Quartz countertops and was exposed to respirable crystalline silica above the action level for 30 or more days per year and the employer did not make medical surveillance available to the employee. Sawyer and was exposed to 38.00 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), which is above the OSHA action level of 25 mcg/m3. The sampling period was for 480 minutes. Abatement certification is required. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 J01 |
| Issuance Date |
2024-04-05 |
| Abatement Due Date |
2024-10-22 |
| Current Penalty |
1244.4 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-04-19 |
| 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):The employer did not ensure that each employee was trained in accordance with the provisions of HCS and paragraph (j)(3) of this section: a.) Stone Shop, Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 1/4/2024: The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200) and did not ensure that at least the following hazards were addressed: Cancer, lung effects, immune system effects, and kidney effects. Abatement certification is required. |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2024-04-05 |
| Abatement Due Date |
2024-10-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| 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; specifically: 1) Labeling and other forms of warning; 2) SDS requirements for the hazardous materials known to be present at the jobsite; 3) Employee training and information. The written program must also include: (a) A list of all the chemicals used at the jobsite. (b) Methods to inform employees of hazards associated with non-routine tasks. (c) Methods the employer will use to inform any contractors employees of workplace hazards. a.) Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 11/28/2023; The employer did not develop and implement a comprehensive Hazard Communication Program for employees working with chemicals and hazardous materials including, but not limited to, Acetone, Stone Shield Transparent Knife Grade Polyester Adhesive, Propane, and Silica. Abatement certification must be submitted. |
|
| Citation ID |
01004C |
| Citaton Type |
Serious |
| Standard Cited |
19101200 G08 |
| Issuance Date |
2024-04-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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): a.) Stone & Tile Tec, Inc., 11 Fall Creek Road Freeville, NY 13068 on or about 11/28/2023; The employer did not maintain safety data sheets in the workplace for each hazardous chemical that employees utilized, including, but not limited to, Acetone, Stone Shield Transparent Knife Grade Polyester Adhesive, Propane, and Silica. |
|
| Citation ID |
01004D |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2024-04-05 |
| Abatement Due Date |
2024-10-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
1 |
| 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.) Stone & Tile Tec, Inc., 11 Fall Creek Road Freeville, NY 13068 on or about 11/28/2023: Employees were exposed to hazardous chemicals including, but not limited to, Acetone, Stone Shield Transparent Knife Grade Polyester Adhesive, Propane, and Silica, while processing stone slabs to make countertops. The employer did not provide information and training to employees on the hazardous chemicals in their work area as specified in 29 CFR 1910.1200(h)(1) and (2). Abatement certification is required. |
|
| Citation ID |
02001A |
| Citaton Type |
Other |
| Standard Cited |
19100134 C02 I |
| Issuance Date |
2024-04-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(2)(i):Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible: a.) Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 11/28/2023: The employer allowed voluntary use of Galeton AirTek 9711 N95 filtering face piece respirators and did not supply employees with Appendix D of the respiratory protection standard. |
|
| Citation ID |
02001B |
| Citaton Type |
Other |
| Standard Cited |
19100134 C02 II |
| Issuance Date |
2024-04-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-19 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user: a.) Stone & Tile Tec, Inc., 11 Fall Creek Road, Freeville, NY 13068 on or about 11/28/2023: The employer allowed voluntary use of 1/2 face elastomeric Gerson One-Step respirators and did not ensure the employee was medically able to use that respirator. |
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