| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2022-03-22
|
| Emphasis |
N: RCS-NEP
|
| Case Closed |
2023-05-15
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1686690 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19100095 C01 |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
1665.63 |
| Initial Penalty |
2486.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.95(c)(1): A continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (n) was not instituted when employee noise exposures equaled or exceeded an 8 hour time-weighted average sound level (TWA) of 85 dBA: a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: A Wet Polisher, polishing countertops was exposed to continuous noise at a level of 79.3% of the dose of the OSHA permissible exposure limit. The equivalent dBA for the 79.3% dose is approximately 88.33 dBA calculated as the 8-hour time weighted sound pressure level. The sampling was conducted on 4/20/22 for 476 minutes. Employee was wearing hearing protection. Employer does not have hearing conservation program implemented. Abatement methodology: Step 1: An effective hearing conservation program in accordance with 29 CFR 1910.95(c) through (n) shall be maintained. An effective hearing conservation program shall include, at a minimum: (1) A baseline audiogram for all employees exposed to noise levels equal to or in excess of the standard. (2) Annual audiograms for each overexposed employee. (3) Analysis of audiogram results with retesting and/or referral to an otolaryngologist or qualified physician when a significant threshold shift occurs. A significant shift will be considered to be equal to or greater than an average of 30 dba over the 2000, 3000, and 4000 hertz frequencies. (4) Where insert ear plugs or custom-molded devices are utilized, individual employee fitting shall be conducted by a trained person, and employees shall be instructed in the care and use of the devices. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 C |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
2082.37 |
| Initial Penalty |
3108.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(c): Permissible exposure limit (PEL). The employer did not ensure that employee was not exposed to an airborne concentration of respirable crystalline silica in excess of 50 mcg/m3, calculated as an 8-hour TWA: a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Polisher was wet polishing various countertops was exposed to 104.81 micrograms per cubic meter (mcg/m3) of silica, eight hour time weighted average (TWA), approximately 2.10 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 387 minutes. A zero increment is included for the 93 minutes not sampled. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101053 D01 |
| Issuance Date |
2022-07-29 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
2 |
| Nr Exposed |
2 |
| 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) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Cuter was wet cutting various countertops was exposed to 40.25 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 420 minutes. A zero increment is included for the 60 minutes not sampled. b) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Polisher was wet polishing various countertops was exposed to 104.81 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), approximately 2.10 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 387 minutes. A zero increment is included for the 93 minutes not sampled. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101053 F01 |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| 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) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Feasible administrative or engineering controls were not implemented to reduce employees' exposures to silica below the OSHA Permissible Exposure Limit. Employees exposures as referenced in Citation 1 Item 2a. EFFECTIVE MEANS OF ABATEMENT INCLUDE BUT ARE NOT LIMITED TO: 1. Install Wet Dust Suppression (WDS) systems 2. Local Exhaust Ventilation (LEV) 3. Filtration (general and source-capture) 4. Barriers 5. Continue to conduct air monitoring until results are below the Silica PEL |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19101053 F02 I |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
2082.37 |
| Initial Penalty |
3108.0 |
| Final Order |
2022-08-18 |
| 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 did not establish and implement a written exposure control plan: a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Polisher was wet polishing various countertops and overexposed to silica. Employee exposure as referenced in Citation 1 Item 2a. The employer did not implement a written exposure control plan for silica. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19101053 G02 |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
1665.63 |
| Initial Penalty |
2486.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(g)(2): The employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134. a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 3/22/22: Employees required to wear 3M half face air purifying respirators. The employer did not implement a written respiratory protection program. |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 3/22/22: Employees required to wear 3M half face air purifying respirators. The employer did not develop and implement a written respiratory protection program. |
|
| Citation ID |
01004C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| 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 employees ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: Note: The employer may discontinue an employees medical evaluations when the employee is no longer required to use a respirator. a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 3/22/22: Employees required to wear a 3M half face air purifying respirator and had not been provided with a medical evaluation. |
|
| Citation ID |
01004D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(2): Employer did not ensure that employees using a tight fitting facepiece respirator were fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter: a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 3/22/22: Employees required to wear a 3M half face air purifying respirator and had not been fit tested. |
|
| Citation ID |
01004E |
| Citaton Type |
Serious |
| Standard Cited |
19101053 I01 I |
| Issuance Date |
2022-07-29 |
| Abatement Due Date |
2023-04-03 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-08-18 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| 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 will be occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. a) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Cuter was wet cutting various countertops was exposed to 40.25 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 420 minutes. A zero increment is included for the 60 minutes not sampled. b) Barnes Bluestone Inc, 6473 County Road 32, Norwich NY Shop Area, on or about 4/20/22: Polisher was wet polishing various countertops was exposed to 104.81 micrograms per cubic meter (mcg/m3) of silica, eight-hour time weighted average (TWA), approximately 2.10 times the OSHA permissible exposure limit of 50 mcg/m3. The sampling period was for 387 minutes. A zero increment is included for the 93 minutes not sampled. |
|
|
