Violation Detail
Standard Cited: 19100095 C01 Occupational noise exposure.
Inspection Nr: 1587652.015
Citation: 01001A
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $7,252.00
Current Penalty: $4,350.00
Issuance Date: 09/16/2022
Nr Instances: 1
Nr Exposed: 4
Abatement Date: 10/21/2022
Gravity: 5
Report ID: 0215800
Contest Date:
Final Order: 10/12/2022
Related Event Code (REC):
Emphasis:
Failure to Abate | |||||||
---|---|---|---|---|---|---|---|
Activity Nr | Issuance | Penalty | Contest | Final Order | |||
1673928 | 11/17/2023 | $0.00 | 03/13/2024 | 05/20/2024 |
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
FTA | F: Formal Settlement | 05/20/2024 | $0.00 | 01/22/2024 | 1673928.015 | |
FTA | C: Contested | 03/13/2024 | $42,974.00 | 01/22/2024 | 1673928.015 | |
FTA | Z: Issued | 11/17/2023 | $42,974.00 | 01/22/2024 | 1673928.015 | |
Penalty | I: Informal Settlement | 10/12/2022 | $4,350.00 | 10/21/2022 | Serious | |
Penalty | Z: Issued | 09/16/2022 | $7,252.00 | 10/21/2022 | Serious |
Text For Citation: 01 Item/Group: 001A Hazard:
29 CFR 1910.95(c)(1):The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(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) Lakeside Baking Company, 310 Lakeside Road, Syracuse, NY - On or about 03/31/2022, an oven operator was monitored for noise and found to be exposed to 87.8 decibels (dBA) based on an eight hour time weighted average (8-hr TWA) for the 289 minutes sampled. A zero increment was included for the 191 minutes not sampled. The employer did not institute a hearing conservation program. 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. Abatement certification must be submitted for this item.