OSHA Inspection: DEPARTMENT OF JUSTICE - I.N.S.

Issued

Nov 10, 1993

Abate by

Nov 30, 1994

General-duty citation text

Executive Order 12196
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1-201(a) The head of the agency shall:
Furnish to employees places and conditions of employment that were
free from recognized hazards that were causing or were likely to
cause death or serious physical harm in that employees were exposed
to:
Employees including, but not limited to Immigration Officers,
Deportation Officers, Special Agents, Examiners, and Attorneys
were exposed to the hazard of being infected with tuberculosis
through repeated, prolonged indoor contact with
inmates/clients who may be infected with tuberculosis in that:
(a)  St. Elizabeth's Hospital facility - No respiratory
isolation rooms under negative pressure with respect to
the hallway were available for aliens with suspect or
confirmed active tuberculosis.  Those with known active
tuberculosis were housed with other aliens in common
areas and rooms.
(b)  4th floor, 4420 N. Fairfax Dr., Arlington, Virginia
Aliens with active tuberculosis were kept (not isolated
from others in the population) in holding cells that were
under negative pressure with the respect to the office
area and the exhaust air was recirculated through the
general building ventilation without HEPA filtration.
(c)  Detention and Deportation - Employee duties included, but
were not limited to transporting aliens with active
tuberculosis in vehicles; performing interviews in small
improperly ventilated rooms; and fingerprinting.  There
were no procedures for respiratory isolation and aliens
with active tuberculosis were not required to cover their
mouths and noses.
(d)  Investigations - Employee duties included, but were not
limited to the arrest, transport, and interviewing of
aliens with confirmed or suspect active tuberculosis.
No respiratory isolation procedures were in effect and
aliens with active tuberculosis were not required to
cover their mouths and noses.
(e)  Litigation - Employee duties included, but were not
limited to interviewing aliens with confirmed active
tuberculosis in small, improperly ventilated rooms.  No
respiratory isolation procedures were in effect and
aliens with active tuberculosis were not required to
cover their mouths and noses.
(f)  Examination - Employee duties included, but were not
limited to interviewing aliens with confirmed or suspect
tuberculosis in small, improperly ventilated rooms, and
fingerprinting.  No respiratory isolation procedures were
in effect and aliens with active tuberculosis were not
required to cover their mouths and noses.
(g)  Throughout the facility - Procedures had not been
established to prevent infection with tuberculosis and,
in the event of a positive Mantoux skin test, appropriate
follow-up procedures were not provided by the agency.
Feasible and useful abatement methods for reducing this hazard, as
recommended by the Center for Disease Control, among others are:
(1)  Each facility should designate an appropriately
trained official responsible for operating a TB
prevention and control program in the facility.
(2)  Protocol for the early identification of individuals
with the active tuberculosis.
(3)  Medical surveillance (at the cost of employees)
including preplacement evaluation, administration
and interpretation of the TB Mantoux skin tests, and
periodic evaluations shall be offered to employees
as follows: an initial baseline screening at the
time of employment for all covered employees in the
facility; and annually for all covered employees in
the facility.
(4)  Evaluation and management (at no cost to employees)
of workers with a positive skin test, or with skin
test, or with skin test conversion on repeat
testing, or who are exhibiting symptoms of TB,
including work restrictions for infectious
employees.  Workers who experience a TB exposure
incident (exposure to an inmate/client with
infectious TB for whom infection control precautions
have not been taken) shall also be managed according
to CDC recommendations.
(5)  Placement of individuals with suspected or confirmed
TB disease in an AFB (acid fast bacilli) isolation
room.  AFB isolation rooms for persons with
suspected of confirmed infectious TB must be
maintained under negative pressure relative to the
outside of the room and approximately exhausted
(either directly to the outside away from intake
vents or through properly designed, installed, and
maintained HEPA filters).
(6)  Training and information to ensure employee
knowledge of such issues as the hazard of TB
transmission, its signs and symptoms, medical
surveillance and therapy, and site-specific
protocols including the purpose and proper use of
controls.
(7)  Inmates are transferred frequently.  Thus, record
systems for tracking and assessing the status of
persons with TB and tuberculosis infection in the
facilities are required.

Issued

Nov 10, 1993

Abate by

Nov 30, 1994

Issued

Nov 10, 1993

Abate by

Nov 30, 1994

Issued

Nov 10, 1993

Abate by

Apr 20, 1994

Issued

Nov 10, 1993

Abate by

Nov 23, 1993

Issued

Nov 10, 1993

Abate by

Apr 20, 1994

Issued

Nov 10, 1993

Abate by

Apr 20, 1994

Issued

Nov 10, 1993

Abate by

Dec 1, 1993

Issued

Nov 10, 1993

Abate by

Nov 30, 1994

Issued

Nov 10, 1993

Abate by

Mar 6, 1994

Issued

Nov 10, 1993

Abate by

May 6, 1994

Issued

Nov 10, 1993

Abate by

Nov 30, 1994

Issued

Nov 10, 1993

Abate by

Nov 30, 1994