| Inspection Type |
Fat/Cat
|
| Scope |
Complete
|
| Safety/Health |
Health
|
| Close Conference |
2020-08-13
|
| Case Closed |
2022-04-22
|
Related Activity
| Type |
Accident |
| Activity Nr |
1643252 |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2020-10-09 |
| Abatement Due Date |
2020-11-05 |
| Current Penalty |
5000.0 |
| Initial Penalty |
12145.0 |
| Contest Date |
2020-11-04 |
| Final Order |
2021-02-15 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: a) Briarcliff Manor Center for Rehabilitation and Nursing, 620 Sleepy Hollow Rd, Briarcliff Manor, NY 10510: On or about April 9, 2020, and continuing thereafter, the employer did not establish and implement a written respiratory protection program for Licensed Practical Nurses and Certified Nursing Assistants who were required to wear KN95 filtering facepiece respirators when working with residents suspected or confirmed to be infected with COVID-19. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2020-10-09 |
| Abatement Due Date |
2020-11-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2020-11-04 |
| Final Order |
2021-02-15 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employees ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: a) Briarcliff Manor Center for Rehabilitation and Nursing, 620 Sleepy Hollow Rd, Briarcliff Manor, NY 10510: On or about April 5, 2020, and continuing thereafter, the employer required employees, including Licensed Practical Nurses and Certified Nursing Assistants, to wear KN95 filtering facepiece respirators when working with residents suspected or confirmed to be infected with COVID-19. The employer did not provide medical evaluations to the employees before they were required to use respirators. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2020-10-09 |
| Abatement Due Date |
2020-11-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2020-11-04 |
| Final Order |
2021-02-15 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator and at least annually thereafter. a) Briarcliff Manor Center for Rehabilitation and Nursing, 620 Sleepy Hollow Rd, Briarcliff Manor, NY 10510: On or about April 5, 2020, and continuing thereafter, the employer did not fit test Licensed Practical Nurses and Certified Nursing Assistants who were required to wear KN95 filtering facepiece respirators when working with residents suspected or confirmed to be infected with COVID-19. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19040039 A01 |
| Issuance Date |
2020-10-09 |
| Current Penalty |
0.0 |
| Initial Penalty |
8675.0 |
| Contest Date |
2020-11-04 |
| Final Order |
2021-02-15 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1904.39(a)(1): The employer did not report within 8-hours the death of an employee resulting from a work-related incident a) Briarcliff Manor Center for Rehabilitation and Nursing, 620 Sleepy Hollow Rd, Briarcliff Manor, NY 10510: On or about May 8, 2020, the employer learned of the May 7, 2020 death of a Licensed Practical Nurse due to COVID-19 but then failed to report this death to OSHA within 8 hours. NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE INSPECTION CASE FILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION OF ABATEMENT FOR THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19. |
|
|
