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Violation Detail

Standard Cited: 19100095 K01 Occupational noise exposure.

Inspection Nr: 1206035.015

Citation: 03004A

Citation Type: Repeat

Abatement Status: Not Completed - Employer Out of Business

Initial Penalty: $69,713.00

Current Penalty: $0.00

Issuance Date: 07/20/2017

Nr Instances: 2

Nr Exposed: 2

Abatement Date: 08/11/2017

Gravity: 10

Report ID: 0213900

Contest Date: 08/04/2017

Final Order: 12/29/2021

Related Event Code (REC): C

Emphasis:

Substance: 8110

Substance: 8111


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty 3: Supreme Court 12/29/2021 $0.00 08/11/2017 Repeat  
Penalty C: Contested 08/04/2017 $69,713.00 08/11/2017 Repeat  
Penalty Z: Issued 07/20/2017 $69,713.00 08/11/2017 Repeat  

Text For Citation: 03 Item/Group: 004A Hazard:

29 CFR 1910.95(k)(1): The employer does not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k): The employer did not provide training to employees with the following exposures: NOTE: The action level of 85 dBA was adjusted based on the 12 hour work period to 82.1 dBA. Recent examples of the employerr's violative conduct occurred on these occasions: a) 9000 River Rd, Delair, NJ, 08110- Maintenance: A Maintenance Foreman was exposed to continuous noise levels in excess of the allowable 12-hour time-weighted average sound level (Action Level). The employee's dosimeter dBA level was 117.4 % of the action level (82.1 dBA adjusted for a 12 hour work shift) and was equivalent to approximately 91.2 dBA. The sampling was performed for 581 minutes during one shift on 2/23/2017. Zero exposure was assumed for the unsampled period of time. b) 9000 River Rd, Delair, NJ, 08110- Extrusion: A saw operator was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Action Level). The employee's dosimeter dBA level was 188.7% of the action level (82.1 dBA adjusted for a 12 hour work shift) and was equivalent to approximately 94.6 dBA. The sampling was performed for 597 minutes during one shift on 2/23/2017. Zero exposure was assumed for the unsampled period of time. To abate this violation, the employer must ensure that employees receive noise training upon hire or when assigned to work in areas that exceed 85 dBA. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, AND PURSUANT TO 29 CFR 1903.19, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, INCLUDING THE PROCEDURES PUT INTO PLACE TO ENSURE THAT EMPLOYEES RECEIVE NOISE TRAINING UPON HIRE OR BEFORE ASSIGNED TO WORK AREAS WHERE THE NOISE LEVEL EXCEEDS 85 dBA. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19. ALUMINUM SHAPES LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD, ITS EQUIVALENT, OR ESSENTIALLY SIMILAR STANDARD 29 CFR 1910.95(k)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1078913, CITATION NUMBER 1, ITEM NUMBER 1 AND WAS AFFIRMED AS A FINAL ORDER ON 3/28/2016, WITH RESPECT TO A WORKPLACE LOCATED AT 9000 RIVER ROAD, DELAIR, NEW JERSEY, 08110.

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