OSHA Seeks $1M in Penalties for Air Safety Violations

OSHA has proposed more than $1 million in penalties against a Chicago countertop manufacturer that allegedly did not do enough to protect its workers from the danger presented by silica dust.

The agency zeroed in on Florenza Marble & Granite for an inspection after learning that a 31-year-old employee there was in need of a double lung transplant because he has accelerated silicosis, which is an incurable lung disease.

The agency said that when it arrived at Florenza to conduct air sampling in February of 2024, workers were “laboring in a haze of dust” as they cut engineered and stone countertops for residential and commercial projects.

OSHA Finds Violations

Workers were not using respirators properly, the agency added, and there were not enough controls in place to reduce silica exposure.

The workers were exposed to silica levels that were up to six times greater than allowable limits, according to the agency.

During the course of its investigation, OSHA discovered that the father of the 31-year-old, who also worked at the facility, is also in need of a silicosis-related lung transplant. The father and son have limited English proficiency and were not told about the dangers of silica exposure.

The agency’s investigation also revealed that a third worker has an unresolved work-related lung disease.

Safety Program Was Lacking

OSHA said the company’s owner declined to develop a safety program for his workers even after two workers’ compensation insurance carriers turned him down because he did not provide them with air sampling showing he adequately protected his employees.

The agency determined that the employer:

• Did not set a baseline of employee health so that it could monitor silica exposure
• Did not perform medical surveillance to monitor exposure.
• Lacked engineering and administrative controls to reduce silica dust levels.
• Exposed its workers to unsafe silica dust levels.
• Did not implement a respiratory protection program.

OSHA said it found eight egregious willful violations and four willful violations. It also cited the employer for 20 serious violations. Among other things, the latter violations related to respirator deficiencies and lack of proper safety training.

A willful violation occurs when an employer either knows it is breaking the law or acts with plain indifference to employee safety, while a violation is classified as serious when there is a workplace hazard that is likely to cause death or serious physical harm. There is no serious violation when the employer did not know or could not have known of the violation, OSHA has advised.

OSHA Seeks $1 Million in Penalties

The agency has proposed more than $1 million in penalties. The employer has the right to request an informal conference or contest the agency’s findings.

“Our compliance officers found silica dust levels nearly six times higher than permissible levels and the owner made little or no effort to protect his employees from exposure,” said OSHA Chicago Regional Administrator Bill Donovan. “To make matters worse, [the owner] was indifferent to his employees’ suffering and refused to accept any responsibility for protecting them, even after two insurance carriers dropped the company for its egregious defiance of workplace safety standards.”

OSHA has produced a hazard alert that specifically addresses worker exposure to silica during countertop production and installation.

The alert explains that stone countertops include high amounts of silica, which is a natural mineral. In fact, it says some stone countertops may contain up to 90% of the mineral.

Inhaling the small crystalline silica particles that are produced during the manufacturing process can lead to silicosis, which is an incurable and sometimes fatal lung disease.

Employers are responsible for creating safe production processes, such as pre-washing stones before cutting them and using filters to control dust.