Violation Detail
Standard Cited: 19101053 C
Inspection Nr: 1496341.015
Citation: 02005A
Citation Type: Willful
Abatement Date: 04/06/2023 2
Initial Penalty: $30,037.00
Current Penalty: $30,037.00
Issuance Date: 04/02/2021
Nr Instances: 2
Nr Exposed: 3
Related Event Code (REC): C
Gravity: 10
Report ID: 0522300
Contest Date: 04/15/2021
Final Order: 03/06/2023
Emphasis:
Substance: 9015
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 03/06/2023 | $30,037.00 | 04/06/2023 | Willful | |
Penalty | C: Contested | 04/15/2021 | $30,037.00 | 05/19/2021 | Willful | |
Penalty | Z: Issued | 04/02/2021 | $30,037.00 | 05/19/2021 | Willful |
Text For Citation: 02 Item/Group: 005A Hazard:
29 CFR 1910.1053(c): The employer did not ensure that no employee was exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour Time-Weighted Average (TWA): The employer does not protect employees from hazards associated with respirable crystalline silica, which is a carcinogen, by ensuring that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour Time-Weighted Average (TWA) while fabricating stone countertops. This most recently occurred on December 29, 2020, at the location of 4100 Brookpark Rd., Cleveland, OH 44134, an employee fabricating a stone countertop, while using hand cutting and polishing tools was exposed to respirable dust containing crystalline silica at 270 ug/m3, which is 5.4 times the permissible exposure limit (PEL) of 50 ug/m3. Exposure calculations include a zero exposure increment for the 110 minutes not sampled. The employer did not ensure that no employee was exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA, while fabricating stone countertops. 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. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.