OSHA Inspection: CTO MANAGEMENT LLC

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(ii)(C):     The employer's Exposure Control Plan did not include the procedure for the evaluation of circumstances surrounding exposure incidents, as required by 29 CFR 1910.1030(f)(3)(i):    (a) Establishment: Employees including but not limited to Surgical Technicians, Registered Nurses, and Licensed Practical Nurses have exposure to blood and other potentially infectious material in the course of their work, but procedures for documenting the routes of exposure and the circumstances under which an exposure incident occurred were not established, thus potentially exposing employees to bloodborne pathogens, on or about September 10, 2012.       Abatement Note: Ensure that all post-exposure evaluations are provided according to the current recommendations of the U.S. Public Health Service current at the time the evaluations take place.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(iv)(B):     The review and update of the exposure control plan did not document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure:    (a) Establishment: Employees including but not limited to Surgical Technicians, Registered Nurses, and Licensed Practical Nurses have exposure to blood and other potentially infectious material in the course of their work, but annual consideration and implementation of effective and safer medical devices to eliminate or minimize occupational exposure was not documented, thus potentially exposing employees to bloodborne pathogens on or about September 10, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(c)(1)(v):     The employer, who is required to establish an Exposure Control Plan, did not solicit input from non-managerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation and selection of effective engineering and work practice controls:    (a) Establishment: Employees including but not limited to Surgical Technicians, Registered Nurses, and Licensed Practical Nurses have exposure to blood and other potentially infectious material in the course of their work, but input regarding identification, evaluation and selection of effective engineering and work practice controls were not solicited, thus potentially exposing employees to bloodborne pathogens, on or about September 10, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(c)(2)(i):     The employer having employees with occupational exposure did not prepare an exposure determination:    (a) Establishement: Employees including but not limited to Surgical Technicians, Registered Nurses, and Licensed Practical Nurses have exposure to blood and other potentially infectious materials in the course of their work, but an exposure determination had not been prepared, thus exposing employees to potential illnesses from bloodborne pathogens, on or about September 10, 2012.

Issued

Feb 22, 2013

Abate by

Mar 6, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(f)(3)(ii)(A):     The source individual's blood shall be tested as soon as feasible and after consent is obtained in order to determine HBV and HIV infectivity. If consent is not obtained, the employer shall establish that legally required consent cannot be obtained. When the source individual's consent is not required by law, the source individual's blood, if available, shall be tested and the results documented.    (a) Establishment: The source individual's blood was not tested as soon as feasible after an employee was exposed to blood through a percutaneous injury, subsequently delaying provision of results and post-exposure re-evaluation and thus exposing the employee to bloodborne pathogens, on or about August 30, 2012.

Issued

Feb 22, 2013

Abate by

Mar 6, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(f)(3)(iv):     The post-exposure evaluation and follow-up of an exposure incident did not include post exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service:    a) Establishment: The employer did not make post-exposure prophylaxis available in a timely manner following a report of an exposure incident through a percutaneous injury which could have transmitted a bloodborne pathogen, on or about August 30, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(f)(3)(v):     The post-exposure evaluation and follow-up of an exposure incident did not include counseling:    (a) Establishment: A Registered Nurse reported a percutaneous injury from a needlestick but the employer did not provide counseling to the exposed worker regarding possible implications of the exposure and his or her infection status, including the results and interpretation of all tests and how to protect personal contacts, thus exposing employees to potential illnesses from bloodborne pathogens on or about August 30, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(f)(5)(ii)(B):     The employer did not ensure that the health care professional's written opinion for post-exposure evaluation and follow-up did not state that the employee had been told about any medical conditions resulting from exposure to blood or other potentially infectious materials required further evaluations and treatment:    (a) Establishment: A Registered Nurse reported a percutaneous injury from a needlestick but the employer did not provide the health care professional's written opinion for post-exposure evaluation and follow-up, therefore the employee was not told about medical conditions that could have resulted from the exposure to blood or other potentially infectious materials nor whether or not any further evaluations and treatment was required, thus exposing employees to potential illnesses from bloodborne pathogens on or about December 5, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(f)(4)(ii)(A):     The employer shall ensure that the healthcare professional evaluating an employee after an exposure incident is provided the following information: A copy of this regulation;    a) Establishment: The copy of the standard was not provided to the employee's healthcare provider after a needlestick incident occurred, thus exposing the employee to potential illnesses from bloodborne pathogens, on or about September 7, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(f)(4)(ii)(B):     The employer did not ensure that the health care professional evaluating an employee after an exposure incident was provided with a description of the exposed employee's duties as they related to the exposure incident:    a) Establishment: The employer did not provide the health care professional evaluating an employee after an exposure incident with a description of the exposed employee's duties as they related to the exposure incident, thus exposing the employee to potential illnesses from bloodborne pathogens, on or about September 7, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(f)(4)(ii)(C):     The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020. This record shall include: Documentation of the route(s) of exposure and circumstances under which exposure occurred;    a) Establishment: The employer did not provide documentation of the route(s) of exposure and circumstances under which exposure occurred to the health care professional, thus exposing the employee to potential illnesses from bloodborne pathogens, on or about September 7, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(f)(4)(ii)(D):     The employer shall ensure that the healthcare professional evaluating an employee after an exposure incident is provided the following information: Results of the source individual's blood testing, if available;     a) Establishment: Medical records including but not limited to an evaluation of the source patient's blood test results were not provided to the employee's healthcare provider after a needlestick incident occurred, thus exposing the employee to potential illnesses from bloodborne pathogens, on or about September 7, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1030(f)(1)(ii):     The employer shall ensure that all medical evaluations and procedures including the hepatitis B vaccine and vaccination series and post-exposure evaluation and follow-up, including prophylaxis, are:    29 CFR 1910.1030(f)(1)(ii)(A):     Made available at no cost to the employee;    (a) Establishment: A Registered Nurse reported a percutaneous injury from a needlestick but the employer did not ensure Post Exposure evaluation and follow-up including prophylaxis were made available to at no cost to the employee, the employee obtained treatment on her own time and the cost of transportation was not covered by the employer, thus exposing the employee to potential illnesses from bloodborne pathogens on or about August 30, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(f)(1)(ii):     The employer shall ensure that all medical evaluations and procedures including the hepatitis B vaccine and vaccination series and post-exposure evaluation and follow-up, including prophylaxis, are:    29 CFR 1910.1030(f)(1)(ii)(B):     Made available to the employee at a reasonable time and place;    (a) Establishment: A Registered Nurse reported a percutaneous injury from a needlestick but the employer did not ensure Post Exposure evaluation and follow-up including prophylaxis were made available to the exposed worker at a reasonable time and place, thus exposing the employee to potential illnesses from bloodborne pathogens on or about August 30, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $7,000 · Current $4,725 Reduced

General-duty citation text

29 CFR 1910.1030(g)(2)(vii):     The training program shall contain at a minimum the following elements:    29 CFR 1910.1030(g)(2)(vii)(K):     An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available;    a) Establishment: The training provided to employees with occupational exposure to blood and other potentially infectious material did not include specific instructions such as where an employee would go for medical treatment, thus potentially exposing employees to bloodborne pathogens, on or about September 10, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(g)(2)(vii):     The training program shall contain at a minimum the following elements:    29 CFR 1910.1030(g)(2)(vii)(L):     Information on the post-exposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident;    a) Establishment: The training provided to employees with occupational exposure to blood and other potentially infectious material did not include specific information regarding the post-exposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident, thus potentially exposing employees to bloodborne pathogens, on or about September 10, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $5,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1030(h)(1)(i):     The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020.    29 CFR 1910.1030(h)(1)(ii):     This record shall include:    29 CFR 1910.1030(h)(1)(ii)(C):     The medical record for an employee with occupational exposure did not include a copy of results of examinations, medical testing, or follow-up procedures as required by 29 CFR 1910.1030(f)(3):    a) Establishment: The medical records of employees with occupational exposure to blood and other potentially infectious material did not include all results of medical examinations, medical testing, and follow-up procedures including, but not limited to identification and documentation of the source individual and blood testing results or, if known, the source individual's HBV and HIV status, thus potentially exposing employees to bloodborne pathogens, on or about December 5, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(h)(1)(i):     The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020.    29 CFR 1910.1030(h)(1)(ii):     This record shall include:    29 CFR 1910.1030(h)(1)(ii)(D):     The employer's copy of the healthcare professional's written opinion as required by paragraph (f)(5); and    a) Establishment: The medical records of employees with occupational exposure to bloodborne pathogens did not include the employer's copy of the healthcare professional's written opinion on or about December 5, 2012.

Issued

Feb 22, 2013

Abate by

Mar 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(h)(1)(i):     The employer shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020.    29 CFR 1910.1030(h)(1)(ii):     This record shall include:    29 CFR 1910.1030(h)(1)(ii)(E):     A copy of the information provided to the healthcare professional as required by paragraphs (f)(4)(ii)(B)(C) and (D).    a) Establishment: The medical records of employees with occupational exposure to blood and other potentially infectious material did not include copy of the information provided to the healthcare professional in response to an exposure, thus potentially exposing employees to bloodborne pathogens,on or about December 5, 2012.