Violation Detail
Standard Cited: 19101053 E01
Inspection Nr: 1379393.015
Citation: 01005
Citation Type: Serious
Abatement Date: 09/23/2019 2
Initial Penalty: $9,472.00
Current Penalty: $5,000.00
Issuance Date: 08/06/2019
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC):
Gravity: 5
Report ID: 0418100
Contest Date:
Final Order: 08/20/2019
Emphasis:
Substance: 9000
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 08/20/2019 | $5,000.00 | 09/23/2019 | Serious | |
Penalty | Z: Issued | 08/06/2019 | $9,472.00 | 09/23/2019 | Serious |
Text For Citation: 01 Item/Group: 005 Hazard:
29 CFR 1910.1053(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL: a)Atlanta Kitchen Inc., Decatur, GA - On or about May 16, 201919, and times prior to, employees were required to dry polish granite counter tops that contain silica. The employer had not established a regulated area while polishing, in that, the silica dust cloud generated from dry polishing was being released into the production area. The employer did not establish an adequate regulated area (signage, demarcation, and containment of dust): a) an employee dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 145 micrograms per cubic meter (ug/m3), 2.9 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 465 minutes. Zero exposure was assumed for the 15 minutes not sampled. b)an employee assisting with dry polishing and dry buffing granite counter tops was exposed to respirable silica levels of 118 micrograms per cubic meter (ug/m3), 2.36 times the permissible exposure limit (PEL) of 50 ug/m3. The exposure was derived from a sample taken over 405 minutes. Zero exposure was assumed for the 75 minutes not sampled. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.