OSHA Inspection: AMERICA MARBLE AND GRANITE, INC.

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $2400.00 · Current $2400.00

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirator(s) were necessary to protect the health of the employee or whenever respirator(s) were required by the employer:                               (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not ensure a written respiratory protection program was established and implemented in the workplace when the use of respirators was required.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 0.5882 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1438 mg/m3 as an 8 hour TWA.  This is 1.94 times the PEL.    (b) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not ensure a written respiratory protection program was established and implemented in the workplace when the use of respirators was required.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.7692 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1957 mg/m3 as an 8 hour TWA.  This is 1.55 times the PEL.                                                                                                Abatement note: The written program shall include at least the following:                                                                                                                        (1)  Procedures for selecting respirators for use in the workplace;                                                                                                                         (2)  Medical evaluations of employees required to use respirators;                                                                                                                          (3)  Fit testing procedures for tight-fitting respirators;                                                                                                                                  (4)  Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;                                                                                                                                                                                                                    (5)  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;                                                                                                                          (6)  Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;                                                                                                                                                  (7)  Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;                                                                                                                                       (8)  Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and                                                                                                                 (9)  Procedures for regularly evaluating the effectiveness of the program.

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

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:    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, 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.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.5882 mg/m�3.  The employee was exposed to respirable silica at a concentration of 1.1438 mg/m3 as an 8 hour TWA.  This is 1.94 times the PEL.      (b) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, 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.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.7692 mg/m�3.  The employee was exposed to respirable silica at a concentration of 1.1957 mg/m3 as an 8 hour TWA.  This is 1.55 times the PEL.

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): The 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) is used, or at least annually thereafter:    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not ensure that employees required to use a tight-fitting facepiece respirator were fit tested prior to initial use of the respirator.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.5882 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1438 mg/m3 as an 8 hour TWA.  This is 1.94 times the PEL.      (b) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not ensure that employees required to use a tight-fitting facepiece respirator were fit tested prior to initial use of the respirator.    The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.7692 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1957 mg/m3 as an 8 hour TWA.  This is 1.55 times the PEL.

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide comprehensive, understandable annual respirator training prior to employee use of respirators in the workplace:    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not provide comprehensive, understandable annual respirator training prior to employee use of respirators in the workplace.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.5882 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1438 mg/m3 as an 8 hour TWA.  This is 1.94 times the PEL.      (b) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not provide comprehensive, understandable annual respirator training prior to employee use of respirators in the workplace.  The employer provided and required the use of 3M model 8210 N95 filtering facepiece respirators when working in the fabrication area.  On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.7692 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1957 mg/m3 as an 8 hour TWA.  This is 1.55 times the PEL.

Issued

2012-05-16 00:00:00

Abate by

2012-11-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1000(c): Employees were exposed to respirable crystalline silica in excess of the 8 hour time weighted average limits listed in Table Z-3:    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.5882 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1438 mg/m3 as an 8 hour TWA.  This is 1.94 times the PEL.      (b) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.7692 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1957 mg/m3 as an 8 hour TWA.  This is 1.55 times the PEL.

Issued

2012-05-16 00:00:00

Abate by

2012-11-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.5882 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1438 mg/m3 as an 8 hour TWA.  This is 1.94 times the PEL.      (b) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On 4/19/12, one employee performing dry grinding and cutting of granite countertops was exposed to respirable silica at a concentration greater than the 8 hour TWA PEL of 0.7692 mg/m3.  The employee was exposed to respirable silica at a concentration of 1.1957 mg/m3 as an 8 hour TWA.  This is 1.55 times the PEL.    Abatement note: Feasible engineering controls include, but are not limited to:  1. Provide employees with water-fed tools to cut, grind, and polish.     Abatement note: Abatement of this item will normally be multi-step as follows:  1. Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.    STEP 1 ABATEMENT DATE (15 DAYS): May 31, 2012    2. Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:  a. Evaluation of the extent and location of the hazard source  b. Evaluation of control measure options  c. Selection of optimum control measures  d. Determination of control measure design  e. Ordering and delivery of equipment  f. Installation of control measures  g. Training of employees in proper operation and maintenance of newly implemented control measures  h. Assurance of the effective performance of control measures    All proposed control measures shall be evaluated for each particular use by a competent industrial hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.    STEP 2 ABATEMENT DATE (30 DAYS): June 15, 2012      3. Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieve compliance.    STEP 3 ABATEMENT DATE (90 DAYS): August 15, 2012

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $2400.00 · Current $2400.00

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:    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not develop, implement, and maintain at the workplace a site specific written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met.  The employer utilizes products such as, but not limited to:    	(1) Superior Adhesives polyester  	(2) Acetone  	(3) Granite (containing respirable crystalline silica)        	      Abatement note:  The written hazard communication program will also include:    (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,    (2) The methods the employer will use to inform employees of the hazards of non-routine tasks.

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace:    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not maintain the required material safety data sheets for each hazardous chemical in the workplace, such as but not limited to the following:     	(1) Superior Adhesives polyester  	(2) Acetone  	(3) Granite (containing respirable crystalline silica)

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

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) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not provide effective information and training to employees regarding the health and safety hazards of the hazardous chemicals in their work area, such as but not limited to:    	(1) Superior Adhesives polyester  	(2) Acetone  	(3) Granite (containing respirable crystalline silica)

Issued

2012-05-16 00:00:00

Abate by

2012-05-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment had been performed through a written certification which included the requirements as outlined in 29 CFR 1910.132(d)(2):    (a) America Marble and Granite, Inc., 5675 Monaco St., Commerce City, CO: On and before 4/6/12, the employer did not ensure through written verification that a workplace personal protective equipment (PPE) hazard assessment had been performed.  Employees conducted hazardous operations which include exposure to respirable crystalline silica, noise, and hazardous chemicals.    Abatement note: The employer shall verify that the required workplace assessment has been performed through a written certification that shall include the following:       1)   Identifies the workplace evaluated;       2)   The person certifying that the evaluation has been performed;       3)   The date(s) that the hazard assessment was performed; and       4)   Which identifies the document as a certification of hazard assessment.

Issued

2012-05-16 00:00:00

Abate by

2012-06-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.178(l)(6): The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l):    (a) America Marble and Granite, Inc. at 5675 Monaco St., Commerce City, CO 80022: On and before 4/6/12, the employer did not certify that the forklift operators had been trained and evaluated as required by 29 CFR 1910.178(l) in the topics as outlined in 29 CFR 1910.178(l)(3):    Abatement note: The certification shall include:    (a)  The name of the operator;  (b)  The date of the training;  (c)  The date of the evaluation; and,  (d)  The identity of the person(s) performing the training and evaluation.