Violation Detail
Standard Cited: 19100095 B01 Occupational noise exposure.
Inspection Nr: 1104613.015
Citation: 02001A
Citation Type: Willful
Abatement Status: Not Completed - Employer Out of Business
Initial Penalty: $28,000.00
Current Penalty: $22,000.00
Issuance Date: 05/03/2016
Nr Instances: 1
Nr Exposed: 7
Abatement Date: 10/03/2016
Gravity: 10
Report ID: 0317900
Contest Date: 05/26/2016
Final Order: 03/30/2017
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 | 03/30/2017 | $22,000.00 | 10/03/2016 | Willful | |
Penalty | C: Contested | 06/01/2016 | $28,000.00 | 10/03/2016 | Willful | |
Penalty | Z: Issued | 05/03/2016 | $28,000.00 | 10/03/2016 | Willful |
Text For Citation: 02 Item/Group: 001A Hazard:
29 CFR 1910.95(b)(1): When employees were subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls were not utilized: a) Higher Ground Tactical, LLC. - employees, Range Safety Officers while working in the range area observing and instructing clients, were exposed to continuous noise at 326% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.5 dBA. This exposure was observed over a 287 minute sampling period on November 13, 2015. A zero exposure was assumed for the 193 minutes not sampled. The employer did not implement feasible administrative or engineering controls to reduce employee exposure to occupational noise. ABATEMENT NORMALLY WILL BE MULTISTEP AS FOLLOWS: Step 1: SUBMIT TO THE AREA DIRECTOR A WRITTEN, DETAILED PLAN OF ABATEMENR OUTLINING A SCHEDULE FOR THE IMPLEMENTATION OF ENGINEERING AND/OR ADMINISTRATIVE MEASURES TO CONTROL EMPLOYEE EXPOSURE TO HAZARDOUS SUBSTANCES AS REFERENCED IN THIS CITATION. THIS PLAN SHALL INCLUDE, AT A MINIMUM, TARGET DATES FOR THE FOLLOWING ACTIONS WHICH MUST BE CONSISTANT WITH THE ABATEMENT DATES REQUIRED BY THIS CITATION: (1) EVALUATION OF ENGINEERING/ADMINISTRATIVE CONTROL OPTIONS; (2) SELECTION OF OPTIUM CONTROL METHODS AND COMPLETION OF DESIGN; (3) PROCUREMENT, INSTALLATION AND OPERATION OF SELECTED CONTROL MEASURES; AND (4) TESTING AND ACCEPTANCE OR MODIFICATION/REDESIGN OF CONTROLS. NOTE: ALL PROPOSED CONTROL MEASURES SHALL BE APPROVED FOR EACH PARTICULAR USE BY A INDUSTRIAL HYGIENIST OR OTHER TECHNICALLY QUALIFIED PERSON. THIRTY- (30) DAY PROGRESS REPORTS ARE REQUIRED DURING THE ABATEMENT PERIOD. (THE 30 DAY REQUIREMENT CAN BE SHORTENED OR LENGTHENED BY THE AREA DIRECTOR DEPENDING ON THE SPECIFIC CIRCUMSTANCES.) Step2: ABATEMENT SHALL HAVE BEEN COMPLETED BY THE IMPLEMENTATION OF FEASIBLE ENGINEERING AND/OR ADMINISTRATIVE CONTROLS UPON THE VERIFICATION OF THEIR EFFECTIVENESS IN ACHIEVING COMPLIANCE. Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.