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Violation Detail
Standard Cited: 19100095 C01 Occupational noise exposure.
Inspection Nr: 1399559.015
Citation: 02001
Citation Type: Willful
Abatement Status: Abatement Completed
Initial Penalty: $132,598.00
Current Penalty: $70,400.00
Issuance Date: 10/25/2019
Nr Instances: 3
Nr Exposed: 7
Abatement Date: 11/30/2020
Gravity: 10
Report ID: 0213900
Contest Date: 11/25/2019
Final Order: 01/06/2020
Related Event Code (REC):
Emphasis:
Substance: 8111
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | P: Petition to Mod Abatement | 11/04/2020 | $70,400.00 | 11/30/2020 | Willful | |
| Penalty | J: ALJ Decision | 01/06/2020 | $70,400.00 | 11/21/2019 | Willful | |
| Penalty | C: Contested | 11/25/2019 | $132,598.00 | 11/21/2019 | Willful | |
| Penalty | Z: Issued | 10/25/2019 | $132,598.00 | 11/21/2019 | Willful |
Text For Citation: 02 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 1910.9(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 hearing conservation program was not conducted for the employees with the following exposure: a) Meat Processing room/Band Saw Area/Line 3: An employee working in the Band Saw Area was exposed to continuous noise levels in excess of the allowable 8 hour time-weighted average (action level).The employees dosimeter dBA level was 66.09% of the permissible level (90 dBA) and was equivalent to approximately 87.0 dBA. The sampling was performed for 394 minutes during one 8 hr. shift on 5/7/19. Zero exposure was assumed for the unsampled period of time. b) Meat Processing room/Band Saw Area/Line 3: An employee working on the Band Saw Area was exposed to continuous noise levels in excess of the allowable 8 hour time-weighted average (action level).The employees dosimeter dBA level was 79.53 % of the permissible level (90 dBA) and was equivalent to approximately 88.3 dBA. The sampling was performed for 383 minutes during one 8 hr. shift on 5/7/19. Zero exposure was assumed for the unsampled period of time. c) Meat Processing room/Band Saw Area/Line 5: An employee working on the Band Saw Area was exposed to continuous noise levels in excess of the allowable 8 hour time-weighted average (action level).The employees dosimeter dBA level was 123.9% of the permissible level (90 dBA) and was equivalent to approximately 91.5 dBA. The sampling was performed for 387 minutes during one 8 hr. shift on 5/7/19. Zero exposure was assumed for the unsampled period of time. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.