Violation Detail
Standard Cited: 19100095 C01 Occupational noise exposure.
Inspection Nr: 1736609.015
Citation: 01001
Citation Type: Serious
Abatement Status: Not Completed - AD Discretion
Initial Penalty: $4,839.00
Current Penalty: $1,000.00
Issuance Date: 08/28/2024
Nr Instances: 5
Nr Exposed: 3
Abatement Date: 01/15/2025
Gravity: 10
Report ID: 0830500
Contest Date: 09/23/2024
Final Order: 12/17/2024
Related Event Code (REC): I;R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 12/17/2024 | $1,000.00 | 01/15/2025 | Serious | |
| Penalty | C: Contested | 10/07/2024 | $4,839.00 | 10/16/2024 | Serious | |
| Penalty | Z: Issued | 08/28/2024 | $4,839.00 | 10/16/2024 | Serious |
Text For Citation: 01 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) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to administer a continuing, effective hearing conservation program. b) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to develop and implement an adequate monitoring program. c) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to establish a valid baseline audiogram against which subsequent audiograms can be compared within 6 months of an employee's first exposure. d) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to enforce the use of hearing protection. e) Baja Design, Inc., 1285 South Kalamath Street, Denver CO; Fabrication Room: On or about March 21, 2024, and at times prior, employees were exposed to high levels of noise while manufacturing cultured and natural stone countertops. Employee noise levels were measured at 91.6 decibels on an A-weighted scale (dBA) for a sampling period of 413 minutes which is calculated to be 125% of the action level (8-hour time-weighted average action level of 85dBA). A zero exposure was calculated for the remaining 67 minutes, for which sampling did not occur. The employer failed to adequately communicate the effects of noise on hearing, the purpose of hearing protection, the advantages, disadvantages, and instructions on selection, fitting, use, and care, and the purpose of audiometric testing.
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