Violation Detail
Standard Cited: 19100095 C01 Occupational noise exposure.
Inspection Nr: 1782157.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $6,620.00
Current Penalty: $3,972.00
Issuance Date: 04/11/2025
Nr Instances: 2
Nr Exposed: 11
Abatement Date: 06/30/2025
Gravity: 5
Report ID: 0215800
Contest Date:
Final Order: 04/24/2025
Related Event Code (REC):
Emphasis:
Substance: 8111
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 04/24/2025 | $3,972.00 | 06/30/2025 | Serious | |
Penalty | Z: Issued | 04/11/2025 | $6,620.00 | 05/29/2025 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
29 CFR 1910.95(c)(1):The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent: a) Busch Products Inc., 110 Baker Street, Syracuse, NY 13206. On or about October 17, 2024 a machine operator for the Titan machines was exposed to continuous noise at a level of 76.6% of the dose of the OSHA permissible exposure limit. The equivalent dBA for the 76.6% dose is approximately 88.08 dBA calculated as the 8-hour time weighted sound pressure level. The sampling period was for 468 minutes. A zero increment is included for the 12 minutes not sampled. The employer does not have a hearing conservation program. b) Busch Products Inc., 110 Baker Street, Syracuse, NY 13206. On or about October 17, 2024 a stone polisher was exposed to continuous noise at a level of 68.9% of the dose of the OSHA permissible exposure limit. The equivalent dBA for the 68.9% dose is approximately 87.31 dBA calculated as the 8-hour time weighted sound pressure level. The sampling period was for 468 minutes. A zero increment is included for the 12 minutes not sampled. The employer does not have a hearing conservation program. Abatement methodology: A 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. Abatement certification is required.