Tag Archives: violations

Tile and Granite Company Fined – Silica Dust Exposure

Today’s post comes from guest author Kit Case, from Causey Law Firm.

Wall to Wall Tile & Stone of Vancouver, Wash. has been fined $261,000 for failing to protect workers from exposure to silica dust and other health hazards associated with stone slab grinding. 

The Department of Labor & Industries (L&I) cited the employer for multiple instances of “failure to abate” serious violations after a follow-up inspection found that the employer had not corrected violations that it was cited for in November 2014.

An L&I inspection found that employees were exposed to silica quartz dust at more than three (3.4) times the permissible limit during stone slab grinding operations. Over time, breathing in silica dust can cause silicosis (a disabling lung disease), as well as lung cancer, pulmonary tuberculosis and airway diseases.

The employer was cited for seven “failure to abate” serious violations. These are violations that the company had been previously cited for but had not corrected, including:

  • Failing to use feasible controls to reduce employee exposure to silica dust — $40,500.

  • Not developing a written respiratory protection program to protect employees from inhaling silica dust — $40,500.

  • Failing to provide fit testing for workers required to wear full-face respirators — $40,500.

  • Not providing effective training for employees who wear full-face respirators —$40,500.

  • Not providing noise and hearing protection training to affected employees — $22,500.

  • Not providing annual hearing tests for workers exposed to excess noise — $22,500.

  • Failing to develop, implement and maintain a written Chemical Hazard Communication Program for employees using a variety of chemicals — $40,500.

Wall to Wall Tile & Stone was also cited for two “failure to abate” general violations, each with a penalty of $2,700. These violations were for not providing medical evaluations for employees who wear full-face respirators, and for not creating a list of chemicals used in the workplace.

In addition, L&I cited the company for two serious violations that were not associated with the 2014 inspection. One of the citations was for not ensuring that employees who wear full-face respirators don’t have facial hair. Respirators may not seal properly on workers with beards or other facial hair. The company was also cited for not providing appropriate respirators for employees grinding stone slabs. Each violation has a penalty of $4,050.

Serious violations are cited for hazards where there’s a possibility of serious injury or death. General violations are the lowest-level citation, involving safety issues where there is no possibility of serious injury or death.

The employer has 15 days to appeal the citation. Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

For a copy of the citation, please contact L&I Public Affairs at 360-902-5413.

Photo credit: The Worlds of David Darling

Safety Begins at Home: Riddell All-American Sports Cited for Serious Safety Violations by OSHA

Riddell-The Official Helmet of the NFL

Today’s post comes from guest author Jon Gelman from Jon Gelman, LLC – Attorney at Law.

Recently there have been many discussions and lawsuits about NFL player safety arising out of serious brain concussions from football. In a ironic turn, a company who manufatures football safety gear has itself been sited for serious safety vilations at its own manufacturing facilities. The apple certainly doesn’t fall far from the tree.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Riddell All-American Sports Co. with eight alleged serious violations following an investigation that began in August 2012 from a complaint for exposing workers to multiple safety and health violations at its Alamo Downs Parkway facility in San Antonio. Proposed penalties total $44,000.

The serious violations include failing to ensure electrical equipment was free from recognized hazards, provide adequate machine guarding while operating industrial sewing machines, provide a fall protection program to prevent fall hazards from the basket of a powered industrial truck and implement a respiratory program. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

“It is the employer’s responsibility to assess the hazards in the workplace and provide a safe and healthful environment for its workers,” said Kelly Knighton, OSHA’s area director in San Antonio. “In this case, it is fortunate that no one was hurt.”

Elyria, Ohio-based Riddell, which employs about 25 workers at the San Antonio site, paints helmets for various sports, such as football and hockey. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s San Antonio office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s San Antonio office at 210-472-5040.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.