OSHA Inspection: MARYVILLE ACADEMY SCOTT NOLAN CENTER

Issued

Nov 8, 2012

Abate by

May 20, 2014

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):     Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing, or likely to cause, death or serious physical harm to employees in that employees were exposed to workplace violence while attending to patients at the Maryville Academy Scott Nolan Center.      a) On or about May 8, 2012, employees working with young patients that pose a risk to themselves or others at Maryville Academy Scott Nolan Center were exposed to workplace violence hazards when they interacted with these patients, especially when engaging with escalating patients.  The employees have suffered broken noses, damage to their teeth, finger fractures, concussions, bites, injuries to the arm, leg, knee and back when escorting a patient to a quiet room, or when holding or restraining a patient, as the patients become combative (pulling, punching, kicking).  This has resulted in workplace violence that is likely to cause death and/or serious physical harm.  The employer has not developed or implemented adequate measures to protect its employees from this hazard.    Among other methods, feasible and acceptable means to abate the hazard of workplace violence at Maryville Academy Scott Nolan Center include:     1. Develop and implement a Workplace Violence Prevention Program that focuses on the reduction and/or elimination of workplace assaults, which at a minimum includes:            a. A Workplace Violence Policy Statement, including responsibilities and rights of all staff;          b. Hazard/threat/security assessment including a records review, inspection of the worksite and employee survey;         c. Implementation of workplace controls and prevention strategies, including procedures that maximize safety             and minimize the likelihood of assaultive behavior;         d. Training and education of all staff on workplace violence with a focus on the specifics of Maryville Academy's Scott             Nolan Center;          e. Complete and thorough incident reporting and investigation, tracking of these investigations and an annual              analysis to determine patterns and/or particular areas of concern;               i. Assure that all existing investigation reports are thoroughly completed for every workplace violence incident,                  include documented supervisor input, follow-up with the affected employee, and assure outside protective                  agencies are contacted when appropriate and corrective actions taken.         f.  A system for reporting safety concerns internally; and         g. Periodic review of the program that includes employee input.               i. Review and update the Workplace Violence Prevention Program regularly, and with each incident, to evaluate                   its success. Re-evaluate policies and procedures on a regular basis to identify deficiencies and take corrective                  actions. Share evaluation reports with all employees. Changes in the program should be discussed at meetings                  of the safety committee and with union representatives and other groups.    2. Place curved mirrors at hallway intersections or concealed areas to increase visibility, thus allowing staff members to more quickly assist a fellow employee during a workplace violence event.     3. Enclose all nurses' stations with shatterproof glass to provide a safe location for employees during workplace violence episodes and eliminate access to employees from aggressive patients.     4. Perform post-incident response and evaluation; assure injured staff receives prompt and appropriate treatment whenever an assault takes place to prepare employees to confront or prevent future incidents of violence.   	  5. Ensure that adequate numbers of capable personnel, such as security, are readily and immediately available to render assistance in the event of an incident of workplace violence.        a.  Ensure that such personnel have sufficient specialized training and physical capabilities to deal with aggressive and             violent behaviors, including Mental Health Professional (MHP) designated training.    6. Adequately train employees on workplace violence prevention policies. Employees and patients should be aware of the company workplace violence policy and how the policy can be accessed. Training should include, but not be limited to:           a. Training all employees on effective methods for responding during a workplace violence incident;      b. Training all employees on recognizing patients who are exhibiting aggressive behavior and on techniques for timely          de-escalating the behavior which are used consistently by employees on all units;      c. Instructing all employees about risk factors that cause or contribute to assault behaviors;       d. Training all employees on timing calls for assistance sufficiently early to prevent workplace injuries; and       e. Assure that training and re-training is tracked and occurring at the intervals required by the workplace violence             program.    7.  Provide staff with a reliable way to rapidly summon assistance when needed, such as a panic button, electronic alarm, or similar equipment that enhances employee safety.

Issued

Nov 8, 2012

Penalty

Initial $1,000 · Current $1,050

General-duty citation text

29 CFR 1904.40(a):     The employer did not provide an authorized government representative the records within four business hours.    a) Maryville Academy Scott Nolan Center - On or about May 8, 2012, the employer failed to provide copies of the injury and illness records to an authorized representative within four business hours. The OSHA 300 Log of Work-Related Injuries and Illnesses for 2012 was not provided to an authorized representative within four business hours.     An employer may use the business hours of the establishment at which the records are located when calculating the deadline.    No abatement certification or documentation is required for this item.

Issued

Nov 8, 2012

Penalty

Initial $1,000 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a):     The employer did not provide an authorized government representative the records within four business hours.    a) Maryville Academy Scott Nolan Center - On or about May 8, 2012, the employer failed to provide copies of the injury and illness records to an authorized representative within four business hours. The OSHA 300 Log of Work-Related Injuries and Illnesses and the OSHA 300A Summary of Injuries and Illnesses for 2011 were not provided to an authorized representative within four business hours.     An employer may use the business hours of the establishment at which the records are located when calculating the deadline.    No abatement certification or documentation is required for this item.

Issued

Nov 8, 2012

Penalty

Initial $1,000 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a):     The employer did not provide an authorized government representative the records within the four business hours.    a) Maryville Academy Scott Nolan Center - On or about May 8, 2012, the employer failed to provide copies of the injury and illness records to an authorized representative within four business hours. The OSHA 300 Log of Work-Related Injuries and Illnesses and the OSHA 300A Summary of Injuries and Illnesses for 2010 were not provided to an authorized representative within four business hours.     An employer may use the business hours of the establishment at which the records are located when calculating the deadline.    No abatement certification or documentation is required for this item.

Issued

Nov 8, 2012

Penalty

Initial $1,000 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a):     The employer did not provide an authorized government representative the records within four business hours.    a) Maryville Academy Scott Nolan Center - On or about May 8, 2012, the employer failed to provide copies of the injury and illness records to an authorized representative within four business hours. The OSHA 300 Log of Injuries and Illnesses and the OSHA 300A Summary of Injuries and Illnesses for 2009 were not provided to an authorized representative within four business hours.     An employer may use the business hours of the establishment at which the records are located when calculating the deadline.    No abatement certification or documentation is required for this item.

Issued

Nov 8, 2012

Penalty

Initial $1,000 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a):     The employer did not provide an authorized government representative the records within the four business hours.    a) Maryville Academy Scott Nolan Center - On or about May 8, 2012, the employer failed to provide copies of the injury and illness records to an authorized representative within four business hours. The OSHA 300 Log of Injuries and Illnesses and the OSHA 300A Summary of Injuries and Illnesses for 2008 were not provided to an authorized representative within four business hours.     An employer may use the business hours of the establishment at which the records are located when calculating the deadline.    No abatement certification or documentation is required for this item.

Issued

Nov 8, 2012

Penalty

Initial $1,000 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a):     The employer did not provide an authorized government representative the records within the four business hours.    a) Maryville Academy Scott Nolan Center - On or about May 8, 2012, the employer failed to provide copies of the injury and illness records to an authorized representative within four business hours. The OSHA 300 Log of Injuries and Illnesses and the OSHA 300A Summary of Injuries and Illnesses for 2007 were not provided to an authorized representative within four business hours.     An employer may use the business hours of the establishment at which the records are located when calculating the deadline.    No abatement certification or documentation is required for this item.