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Berry Marble Dallas Area Office Inspection Briefing

Detailed report on safety violations at Berry Marble Company, Inc. in Dallas, including company attitudes, inspection history, and OSHA citations.

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Berry Marble Dallas Area Office Inspection Briefing

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  1. Most Interesting Case BriefingBerry Marble Dallas Area Office Inspection Number: 1288992 Issued: 2018. Total Penalty: $318,687

  2. Company Profile Berry Marble Company, Inc. was opened in 1993 in Tyler, Texas. Berry Marble Company, Inc. is a nonunion facility that employs approximately 40 employees. Berry Marble Company, LLC receives and large slabs of marble, granite and other natural stone. Berry Marble then cuts and fabricates the stone slabs into custom kitchen and bathroom countertops and other custom items.

  3. Company Attitude Toward Safety I don’t like to place labels on employees. Everyone is equal – (Owner) July 18, 2017 I did note that a few slings in use have damage to the outer layer. (3rd Party Safety Consultant, December 2017)

  4. Company Attitude Toward Safety When I was moved to the sales department, a salesman spent lots of time with me making sure I knew the sales end of the business. However, I was not assigned to ensure that the new safety person understood the safety part of the business or job. – (Former Shop Foreman/Safety Manager) February 16, 2018

  5. Company Attitude Toward Safety I pointed out the sling deficiencies regarding the synthetic slings that the safety consultant spoke to me about and then let (Production Manager) know, he became irritated and told me to never communicate with 3rd Party Consultant again. - (Shop Foreman/Safety) January 24, 2018

  6. Company Attitude Toward Safety Manager stated that Owner is the Safety Manager at Berry Marble. I only make sure that the equipment operates and production continues to move forward. - (Plant Manager)

  7. OSHA Inspection History Berry Marble Company, Inc. has been inspected two previous times since 2013. • 2013 Berry Marble was cited for not having a load rating for the clamp that lifts the marble and granite slabs, housekeeping, energy control program and having damaged slings in use. This inspection was initiated as a result from an employee complaint. • 2014 Berry Marble was cited repeat violations for not having the load rating on the clamp used to lift and move slabs as well as not training employees on their energy control program. Berry Marble was also cited 2 willful violations for using damage slings and for not having them labeled as to their capacity. Berry Marble was also cited several serious citations. During formal settlement negotiations, the repeats were reclassified as serious and the willful citations were reclassified as repeat citations

  8. Reason for Inspection Berry Marble Company, Inc., was scheduled as a follow up inspection to ensure abatement from the previous follow up inspection.

  9. Willful-Serious Citation Inspection #1288992: 1910.184(c)(1): The employer did not ensure that slings that were damaged or defective were not used. Berry Marble was previously cited for this hazard. The last time Berry Marble purchased a sling was in July of 2017. The outer cover on the sling was torn and the sling on the inside had damage and frayed edges. An employee discussed this issue with the 3rd party safety consultant and with Manager. Manager informed the employee that he was not to discuss this with the 3rd party safety consultant again. Manager failed to check and replace the sling.

  10. Willful-Serious Citation Inspection #1288992: 1910.184(i)(1): The sling that was used to lift natural stone slabs did not have an identification tag on it to identify its weight limit in each configuration. None of the employees who use the sling nor the management knew what the capacity limit of the sling was. OSHA researched the sling and determined from the manufacture that when rigged in the basket configuration, the load capacity is 6,400lbs. When Berry Marble unloads the trucks with the stone slabs on them, there are anywhere from 4 to 8 slabs on an “A” frame stand. Each slab weighs anywhere from 800lbs to 1,200lbs. While lifting the “A” frame, the sling would be near or over its capacity numerous times. This hazard was cited as a willful in the previous inspection but was reclassified as a Repeat for settlement purposes.

  11. Willful-Serious Citation Inspection #1288992: 1910.132(d)(1): Berry marble has been cited for not conducting a hazard assessment in both of the previous inspections. Berry Marble did not assess the chemicals that they use on the stone products to determine that hand protection was needed while using the “Pro Sealer” on their finished products. This item was previously cited as a “repeat” but was reclassified as a Serious for settlement purposes. 1910.138(b) Failure to select appropriate hand protection.

  12. Repeat-Serious Citation Inspection #128892: 1910.147(c)(6)(i)(C): Berry Marble continues to not conduct periodic inspections on the specific procedures for the energy control program. This same hazard was previously cited as a repeat but was reclassified as a serious for settlement purposes.

  13. Repeat-Serious Citation Inspection #1288992: 1910.147(c)(7)(i)(A): Berry Marble continues to not provide training to employees who are authorized to perform the company’s energy control procedures. This item was previously cited as a repeat but was reclassified as a serious for settlement purposes.

  14. Repeat-Serious Citation Inspection #1288992: 1910.147(c)(7)(i)(B): Berry Marble continues to not provide training to employees who are affected employees. This item was previously cited as a repeat but was reclassified as a serious for settlement purposes.

  15. Dallas Area Office 972-952-1330

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