Violation Detail
Standard Cited: 19100095 C01 Occupational noise exposure.
Inspection Nr: 989981.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $6,930.00
Current Penalty: $3,465.00
Issuance Date: 02/10/2015
Nr Instances: 1
Nr Exposed: 190
Abatement Date: 09/30/2015
Gravity: 10
Report ID: 0524200
Contest Date: 03/06/2015
Final Order: 10/15/2015
Related Event Code (REC): C
Emphasis:
Substance: 8110
Substance: 8111
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 10/15/2015 | $3,465.00 | 09/30/2015 | Serious | |
Penalty | C: Contested | 03/12/2015 | $6,930.00 | 03/30/2015 | Serious | |
Penalty | Z: Issued | 02/10/2015 | $6,930.00 | 03/30/2015 | 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: An effective hearing conservation program which included noise monitoring, audiometric testing of employees and training of employees as detailed in the standard was not instituted by Mercury Products Corp., Schaumburg, IL. Note: The 8-hour time-weighted average (TWA) sound level of 85 dBA that triggers the requirement for a hearing conservation program (HCP) can be adjusted for work shifts less than or greater than 8 hours. When making the adjustment, the following formula is used: AL = 90 + 16.61log [50/12.5 (hours)]. Affected employees were exposed to continuous noise levels over a 10-hour work shift. Therefore, the TWA sound level that triggers the requirement for a HCP was adjusted or reduced for the affected employees to 83.4 dBA. a) A Labor Network employee working in the Polishing Department at Mercury Products Corp., Schaumburg, IL, was exposed to continuous noise levels at 131% of the allowable OSHA 8-hour time-weighted average sound level (90 dBA). The equivalent dBA level of 131% is approximately 91.9 dBA, which exceeds the adjusted action level of 83.4 dBA. The sampling was performed for 322 minutes during one 10-hour shift on October 9, 2014. Zero exposure was assumed for the unsampled time period of 278 minutes. b) A Labor Network employee working in the Polishing Department at Mercury Products Corp., Schaumburg, IL, was exposed to continuous noise levels at 163.1% of the allowable OSHA 8-hour time-weighted average sound level (90 dBA). The equivalent dBA level of 163.1% is approximately 93.5 dBA, which exceeds the adjusted action level of 83.4 dBA. The sampling was performed for 574 minutes during one 10-hour shift on October 9, 2014. Zero exposure was assumed for the unsampled time period of 26 minutes. c) A Mercury employee operating the "Man buff" operation in the Polishing Department was exposed to continuous noise levels at 70.1% of the allowable OSHA 8-hour time-weighted average sound level (90 dBA). The equivalent dBA level of 70.1% is approximately 87.4 dBA, which exceeds the adjusted action level of 83.4 dBA. The sampling was performed for 502 minutes during one 10-hour shift on October 9, 2014. Zero exposure was assumed for the unsampled time period of 98 minutes. d) A Mercury employee in Finishing/Packing outside of the Polishing Department was exposed to continuous noise levels at 69.3% of the allowable OSHA 8-hour time-weighted average sound level (90 dBA). The equivalent dBA level of 69.3% is approximately 87.4 dBA, which exceeds the adjusted action level of 83.4 dBA. The sampling was performed for 520 minutes during one 10-hour shift on October 9, 2014. Zero exposure was assumed for the unsampled time period of 80 minutes. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.