OSHA Inspection: DR. DENNIS O'LEARY

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $2000.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(i): The employer having employee(s) with occupational exposure did not establish a written Exposure Control Plan designed to eliminate or minimize employee exposure:   a)  Throughout office - The employer did not have an established and written Exposure Control Plan to cover Dental Assistants and Hygienists who's job duties include, but are not limited to; assisting the Dentist with tooth extractions, alginate impressions, operatory disinfection, instrument sterilization and while handling contaminated sharps, on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

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)  Throughout Office - The employer did not prepare an exposure determination for a Dental Assistant and Dental Hygienists who's job duties include, but are not limited to; assisting the Dentist with tooth extractions, alginate impressions, operatory disinfection, instrument sterilization and while handling contaminated sharps, on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

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)  Throughout Office - The employer did not solicit input from a Dental Assistant and several Dental Hygienists when developing safe work practices, on or about May 14, 2013.     Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $2000.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1910.1030(d)(4)(i): The employer did not determine or implement an appropriate written schedule for cleaning or method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or procedures being performed in the area:   (a)  Throughout Office - The employer did not develop a written schedule for cleaning and decontanimation of equipment used in the following activities; assisting the Dentist with tooth extractions, alginate impressions, operatory disinfection, instrument sterilization and while handling contaminated sharps, on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(d)(4)(iii)(B)(1)(i): Regulated waste (other than contaminated sharps) was placed in containers which were not closable:   (a)  Throughout Office - Employees were required to handle and discard contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into a sharps container missing its lid and her employer did not provide them with a container that was closable, on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(d)(4)(iii)(B)(1)(iii): Regulated waste was placed in containers which were not labeled or color-coded in accordance with 29 CFR 1910.1030(g)(1)(i):   (a)  Sterilization Room Beneath the Cabinet- Employees were required to empty their red sharps boxes containing all non-sharps contaminated waste items in a gray unlabeled trash receptacle that had a regular black garbage bag in it, on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(f)(2)(iv): The employer did not ensure that employees who declined to accept the hepatitis B vaccination offered by the employer signed the statement in appendix A:    (a)  Throughout Office -The employer did not keep a copy of the signed statement declining the vaccination for employees who's job duties include, but are not limited to; assisting the Dental with cleaning patient teeth, making tooth impressions, sterilization of patient stations and handling contaminated instruments, on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(h)(1)(ii)(B): The medical record for an employee with occupational exposure did not include a copy of the employee's hepatitis B vaccination status, including the dates of all the hepatitis B vaccinations or any medical records relative to the employee's ability to receive vaccination as required by 29 CFR 1910.1030(f)(2):   (a)  Throughout Office - The employer did not did not ensure that medical records of employees, who's job duties include, but are not limited to; assisting the Dental with cleaning patient teeth, making tooth impressions, sterilization of patient stations and handling contaminated instruments, contained the status of their Hepatitis B vaccination, on or about May 14, 2013.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $2000.00 · Current $1500.00 Reduced

Hazardous substances 13612140

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:   (a)  Throughout Office - The employer did not implement or develop a written hazard communication program to cover the Dental Assistant and Dental Hygienists who's job duties include, but are not limited to; sterilizing dental instruments/equipment, wiping down surfaces and chairs (dental booths) using chemicals such as, but not limited to, Ultrasonic Cleaning Solution containing 1% Sodium Hydroxide (corrosive), Cetylcide II (Corrosive solution),  and Cidex Plus 28 Day Solution containing <5% Glutaraldehyde (corrosive), on or about May 14, 2013.     Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 13612140

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The written hazard communication program did not include a list of the hazardous chemicals known to be present, using an identity that was referenced on the appropriate material safety data sheet:    (a)  Throughout Office - The employer did not have a chemical inventory list for the Dental Assistant and Dental Hygienists who's job duties include, but are not limited to; sterilizing dental instruments/equipment, wiping down surfaces and chairs (dental booths) using chemicals such as, but not limited to, Ultrasonic Cleaning Solution containing 1% Sodium Hydroxide (corrosive), Cetylcide II (Corrosive solution),  and Cidex Plus 28 Day Solution containing <5% Glutaraldehyde (corrosive), on or about May 14, 2013.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2013-11-08 00:00:00

Abate by

2013-11-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 13612140

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:   (a)   Throughout Office - The employer did not provide training on the hazardous chemicals in the work area at the time of their initial assignment for the Dental Assistant and Dental Hygienists who's job duties include, but are not limited to; sterilizing dental instruments/equipment, wiping down surfaces and chairs (dental booths) using chemicals such as, but not limited to, Ultrasonic Cleaning Solution containing 1% Sodium Hydroxide (corrosive), Cetylcide II (Corrosive solution),  and Cidex Plus 28 Day Solution containing <5% Glutaraldehyde (corrosive), on or about May 14, 2013.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.