OSHA Inspection: THE BROTHERS OF MERCY NURSING AND REHABILITATION CENTER

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $3,000 · Current $2,250 Reduced

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and, which identifies the document as a certification of hazard assessment:    A.) Brothers of Mercy - On or about 3/22/13, employees performa variety of tasks which require the use of personal protective equipment, such as snaking out sewer drains and emptying containers of bodily fluid, and which have caused splashes to the eyes, nose, face and mouth.  The employer had not verified that the required workplace hazard assessment had been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s)  of the hazard assessment, and, which identifies the document as a certification of hazard assessement.    ABATEMENT CERTIFICATION REQUIRED

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    a) Brothers of Mercy - On or about 3/22/13, employees performing tasks, such as snaking sewer drains and emptying containers of bodily fluids, were splashed in the eyes.  Additionally, employees are required to use chemicals, such as Lime-Away (corrosive) to which employees are exposed during the cleaning of Dieatary equipment (e.g., steamers, etc).   The employer did not ensure that each affected employees uses the appropriate eye or face protection when exposed to eye or face hazards.      ABATEMENT CERTIFICATION REQUIRED

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(d)(3)(x): Masks in combination with eye protection devices, such as goggles or glasses with solid side shields, or chin-length face shields, were not worn whenever splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated and eye, nose or mouth contamination can be reasonably anticipated:    a) Brothers of Mercy - On or about 3/22/13, Employees performing tasks, such as snaking out sewer drains and emptying bodily fluids, were not wearing appropraite personal protective equipment such as gogglesor chin-length face shields when splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated and eye, nose or mouth contamination can be reasonably anticipated.    ABATEMENT CERTIFICATION RQUIRED

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $5,000 · Current $3,750 Reduced

General-duty citation text

29 CFR 1910.1030(d)(2)(ii): Engineering controls were not examined or maintained, and replace on a regular schedule to ensure their effectiveness:    a) Brothers of Mercy - On or about 3/22/13, employees administering insulin with engineered syringes and/or needles have sustained a number of injuries, relative to the use of this equipment.  Although engineered devices are in use and training has been provided, the number of injuries sustained during the use of the devices, primarilly insulin syringes/needles, is high (6 in 2012).  The employer has not had employees evaluate new insulin syringes to determine if a different configuration/device would reduce the amount of injuries.    ABATEMENT CERTIFICATION REQUIRED

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $3,000 · Current $2,250 Reduced

General-duty citation text

29 CFR 1910.1001(j)(2)(iii): The building owner or facility owner did not inform employees who performed housekeeping activities of the presence and location of asbestos containing material (ACM) or presumed asbestos containing material (PACM) in such areas that may be contacted during such activities:    (a)  Throughout the facility - on or about 3/22/13, the employer has vinyl asbestos floor tiles throughout the facility, which are maintained by a member of the housekeeping staff.  The employer/building owner did not inform employees who perform housekeeping tasks of the presence and location of asbestos containing material (ACM) or presumed asbestos containing material (PACM) in such areas that may be contacted during such activities.    ABATEMENT CERTIFICATION REQUIRED

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1001(j)(3)(i): The building owner, facility owner, or employer did not determine the presence, location, and quantity of ACM or PACM at the worksite and did not exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of asbestos-containing material (ACM) and presumed asbestos containing material (PACM):    a.) Facility - The facility had an asbestos survey from 1999, which identified that much of the facility's floor tiles were Vinyl Asbestos floor tiles (VAT).  The employer had not informed employees about the presence and location of asbestos-containing materials (ACM).    ABATEMENT CERTIFICATION REQUIRED

Issued

May 31, 2013

Abate by

Aug 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1001(j)(7)(iv): The employer did not provide to all employees who perform housekeeping work in areas where ACM and/or PACM is present, an asbestos awareness training course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in this standard related to housekeeping, and/or proper response to fiber release episodes:    a) Facility - On or about 3/22/13, employees perform housekeeping task, such as stripping, scrubbing and buffing of vinyl asbestos floor tiles.  The employer did not provide to all employees who perform housekeeping work, in areas where asbestos-containing materials (ACM) and/or presumed asbestos-contining materials,  an asbestos awareness training course.  An asbestos awareness course should include: health effects of asbestos; locations of ACm and/or PACM in the building facility; recognition of ACM/PACM damage and deterioration; and proper response to fiber release episodes to all employees who perform housekeeping work in areas where ACM and/or PACMis present.  Each employee shall be so traind once a year.    ABATEMENT CERTIFICATION REQUIRED