| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2021-07-26
|
| Case Closed |
2021-10-18
|
Related Activity
| Type |
Referral |
| Activity Nr |
1726581 |
| Health |
Yes |
|
| Type |
Inspection |
| Activity Nr |
1518419 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2021-07-26 |
| Abatement Due Date |
2021-08-05 |
| Current Penalty |
7372.8 |
| Initial Penalty |
12288.0 |
| Final Order |
2021-08-16 |
| Nr Instances |
1 |
| Nr Exposed |
32 |
| 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) At Van Duyn Center for Rehabilitation and Nursing., located at 5075 W. Seneca Turnpike, Syracuse, N.Y., 13215 The employer did not develop and implement a written respiratory protection program with worksite-specific procedures for respirator use that included all provisions in 29 CFR 1910.134(c)(1)(i) - (ix). The employer required healthcare professionals, including but not limited to: Physical Therapist(s), Physical Therapist Assistant(s), Occupational Therapist(s), Certified Occupational Therapy Assistant(s), a Speech Language Therapist, a Rehabilitation Aide and a Rehabilitation Technician, to wear N95 respirators throughout their shifts while exposed to suspected or confirmed positive COVID-19 residents. The violation occurred on or about March 8, 2021. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2021-07-26 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-08-16 |
| Nr Instances |
1 |
| Nr Exposed |
10 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR l 910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: a) At Van Duyn Center for Rehabilitation and Nursing., located at 5075 W. Seneca Turnpike, Syracuse, N.Y., 13215 The employer did not provide a medical evaluation to determine each employee's ability to use a respirator before requiring its use. The employer required healthcare professionals, including but not limited to: Physical Therapist(s), Physical Therapist Assistant(s), Occupational Therapist(s), Certified Occupational Therapy Assistant(s), a Speech Language Therapist, a Rehabilitation Aide and a Rehabilitation Technician, to wear N95 respirators while providing care to suspected and confirmed positive COVID-19 residents. The violation occurred on or about January 26, 2021. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F01 |
| Issuance Date |
2021-07-26 |
| Abatement Due Date |
2021-08-05 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-08-16 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): a) At Van Duyn Center for Rehabilitation and Nursing., located at 5075 W. Seneca Turnpike, Syracuse, N.Y., 13215: On or about March 14, 2021, the employer permitted the use of a N95 respirator after an employee failed the fit test and was not retested with other respirator make(s), model(s), or size(s) to assure a good fit. The employer required the employee[s] to wear N95 filtering facepiece respirators to protect against the SARS-CoV-2 virus while providing direct patient care to suspected and confirmed positive COVID-19 residents. |
|
| Citation ID |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2021-07-26 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-08-16 |
| Nr Instances |
3 |
| Nr Exposed |
26 |
| 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 or annually refitted: a) At Van Duyn Center for Rehabilitation and Nursing., located at 5075 W. Seneca Turnpike, Syracuse, N.Y., 13215 The employer did not provide a fit test to all employees required to wear respirators. The employer required healthcare professionals, including but not limited to: Physical Therapist(s), Physical Therapist Assistant(s), Occupational Therapist(s), Certified Occupational Therapy Assistant(s), a Speech Language Therapist, a Rehabilitation Aide and a Rehabilitation Technician, to wear respirators while providing care to suspected and confirmed positive COVID-19 residents. The violation occurred on or about January 26, 2021. |
|
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