OSHA Inspection: DR. MICHAEL KOSSAK, DDS, PC

Issued

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $2400.00 · Current $1200.00 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(iii): The employer did not ensure that a copy of the Exposure Control Plan was accessible to employees, in accordance with 29 CFR 1910.1020(e):    (a)  Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and their employer did not make a copy of the Exposure Control Plan accessible, on or about August 13, 2014.    (b)  Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and their employer did not make a copy of the Exposure Control Plan accessible, on or about August 13, 2014.    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

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(c)(1)(iv): The Exposure Control Plan was not reviewed and updated at least annually:   a) Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and their employer did not update the Exposure Control Plan annually, on or about August 13, 2014.  b) Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and their employer did not update the Exposure Control Plan annually, on or about August 13, 2014.   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

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

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)  Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and their employer did not document annually consideration and implementation of commercially available and effective safer medical devices, on or about August 13, 2014.  (b)  Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and their employer did not document annually consideration and implementation of commercially available and effective safer medical devices, on or about August 13, 2014.     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

2015-02-11 00:00:00

Abate by

2015-03-04 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 and did not document the solicitation in the Exposure Control plan:  (a)  Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and the employer did not solicit input from non-managerial employees regarding effective engineering and work practice controls, on or about August 13, 2014.  (b)  Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and the employer did not solicit input from non-managerial employees regarding effective engineering and work practice controls, on or about August 13, 2014.     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

2015-02-11 00:00:00

Abate by

2015-02-22 00:00:00

Penalty

Initial $2000.00 · Current $1000.00 Reduced

General-duty citation text

29 CFR 1910.1030(d)(2)(ix): Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses was not prohibited in work areas where there was a reasonable likelihood of occupational exposure:    (a)  Room 1 - Dental Assistant and Hygienist are allowed to eat lunch in a room used for examinations of patients which may exposed to potentially infectious biohazards, on or about August 13, 2014.    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

2015-02-11 00:00:00

Abate by

2015-02-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(d)(3)(ii): The employer did not ensure that the employee used appropriate personal protective equipment when there was occupational exposure:  (a)  Rooms 2 and 3 - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and the employer did not ensure that that protective eyewear was worn, on or about August 13, 2014.   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

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

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)  Dental  Office - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and the employer did not provide an implemented, appropriate written schedule for cleaning and method of decontamination, on or about August 13, 2014.  (b)  Dental Office - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and the employer did not provide an implemented, appropriate written schedule for cleaning and method of decontamination, on or about August 13, 2014.   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

2015-02-11 00:00:00

Abate by

2015-02-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(d)(4)(ii)(A): Contaminated work surfaces were not decontaminated immediately or as soon as feasible when surfaces were overtly contaminated or after any spill of blood or other potentially infectious materials:  (a)  Room 4 - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and the employer did not immediately remove what specks of blood from the surface of a supply cabinet, on or about August 13, 2014.  (b) Employee observed using the phone while cleaning contaminated instruments, on or about August 13, 2014.    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

2015-02-11 00:00:00

Abate by

2015-02-22 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 Facility - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, threw away contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into a white garbage bag and her employer did not did not provide her with a container that was closable, on or about August 13, 2014.  (b)  Throughout Facillity - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments, threw away contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into a white garbage bag and their employer did not did not provide her with a container that was closable, on or about August 13, 2014.  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

2015-02-11 00:00:00

Abate by

2015-02-22 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) Throughout Facility - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, threw away contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into a white garbage bag and the employer did not did not provide a container that was labeled or color-coded, on or about August 13, 2014.  (b)  Throughout Facility - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments, threw away contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into a white garbage bag and the employer did not did not provide a container that was labeled or color-coded, on or about August 13, 2014.  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

2015-02-11 00:00:00

Penalty

Initial $1200.00 · Current $600.00 Reduced

General-duty citation text

29 CFR 1910.1030(f)(2)(i): Hepatitis B vaccination was not made available within 10 working days of initial assignment to all employee(s) with occupational exposure:    (a)  Dental Office - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and their employer did not ensure that the Hepatitis B vaccination was made available to the employees within 10 days of their initial assignments, on or about August 13, 2014.    (b)  Dental Office - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and their employer did not did not ensure that the Hepatitis B vaccination was made available to the employees within 10 days of their initial assignments, on or about August 13, 2014.     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

2015-02-11 00:00:00

Abate by

2015-02-22 00:00:00

Penalty

Initial $2000.00 · Current $1000.00 Reduced

General-duty citation text

29 CFR 1910.1030(g)(1)(i)(A): Warning labels were not affixed to containers of regulated waste, refrigerators, or freezers containing blood or other potentially infectious material:    (a)  Patient Treatment Areas - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization threw away contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into non labeled white garbage bags, and the employer did not provide them with a container labeled biohazard or color coded, on or about August 13, 2014.    (b)  Patient Treatment Areas - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments threw away contaminated non-sharps waste such as dirty gauze used in patients mouths and used gloves into non labeled white garbage bags and the employer did not provide them with a container labeled biohazard or color coded , on or about August 13, 2014.    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

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1030(g)(2)(i): The employer did not ensure that each employee with occupational exposure participated in a training program:  (a)  Dental Office  - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and the employer did not provide any training concerning occupational exposure to bloodborne pathogens within 10 days of the initial assignment or anytime thereafter, on or about August 13, 2014.  (b)  Dental Office - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and the employer did not provide any training concerning occupational exposure to bloodborne pathogens within 10 days of their initial assignment or anytime thereafter, on or about August 13, 2014.   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

2015-02-11 00:00:00

Penalty

Initial $2000.00 · Current $1000.00 Reduced

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) Dental Office - Dental Assistant was exposed to potentially infectious biohazards while assisting the Dentist in post-operative and surgical procedures such as but not limited to suctioning, cementing temporaries, removing temporaries, polishing, taking x-rays, operatory disinfection, and instrument sterilization, and the employer did not include a copy of the hepatitis B vaccination status, on or about August 13, 2014.    (b)  Dental Office - Dental Hygienist was exposed to potentially infectious biohazards while cleaning patient teeth, sterilization of patient stations and handling contaminated instruments and the employer did not include a copy of the hepatitis B vaccination status, on or about August 13, 2014.    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

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $2000.00 · Current $1000.00 Reduced

Hazardous substances 00200420149015602085

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) Dental Assistant and Dental Hygienists sterilized dental instruments/equipment, wipe down surfaces and chairs (dental booths) using chemicals such as, but not limited to, BioSonic Germicidal Ultrasonic Cleaner (corrosive solution) containing 5-10% Isopropanol, 1-5% Sodium OrthoBenzyl Parachlorophenate, 1-5% Sodium Ortho Phenyphenate, and 1-5%Sodium Para Tertiary Amyl Phenate Cetylcide ; Purvac Evacuation System Cleaner (corrosive solution) containing <20% Phosphoric Acid, <10% Glycolic Acid, <5% Isopropyl Alcohol and <5 Surfactant; Lysol IC Brand III Disinfectant Spray (irritant) containing 40-60% Ethanol, 1-5% Butane and 1-5% Propane. The employer did not develop, implement and/or maintain a written hazard communication program, on or about August 13, 2014.     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

2015-02-11 00:00:00

Abate by

2015-02-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(f)(5): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged, or marked with the identity and appropriate hazard warnings regarding the chemicals contained therein:  (a)  Clean Room - Dental Assistant and Dental Hygienists sterilized dental instruments/equipment, wipe down surfaces, chairs (dental booths) and process dental xrays using bottles of unlabeled hazardous chemicals  and the employer did not ensure that containers of hazardous chemical were labeled, tagged, or marked on or about August 13, 2014.   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

2015-02-11 00:00:00

Abate by

2015-02-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):  (a)  Dental Office - Dental Assistant and Dental Hygienists sterilized dental instruments/equipment, wipe down surfaces and chairs (dental booths) using chemicals such as, but not limited to, BioSonic Germicidal Ultrasonic Cleaner (corrosive solution) containing 5-10% Isopropanol, 1-5% Sodium OrthoBenzyl Parachlorophenate, 1-5% Sodium Ortho Phenyphenate, and 1-5%Sodium Para Tertiary Amyl Phenate Cetylcide ; Purvac Evacuation System Cleaner (corrosive solution) containing <20% Phosphoric Acid, <10% Glycolic Acid, <5% Isopropyl Alcohol and <5 Surfactant; Lysol IC Brand III Disinfectant Spray (irritant) containing 40-60% Ethanol, 1-5% Butane and 1-5% Propane. The employer did not maintain copies of required safety data sheets, on or about August 13, 2014.   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

2015-02-11 00:00:00

Abate by

2015-03-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

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)  Dental Office - Dental Assistant and Dental Hygienists sterilized dental instruments/equipment, wipe down surfaces and chairs (dental booths) using chemicals such as, but not limited to, BioSonic Germicidal Ultrasonic Cleaner (corrosive solution) containing 5-10% Isopropanol, 1-5% Sodium OrthoBenzyl Parachlorophenate, 1-5% Sodium Ortho Phenyphenate, and 1-5%Sodium Para Tertiary Amyl Phenate Cetylcide ; Purvac Evacuation System Cleaner (corrosive solution) containing <20% Phosphoric Acid, <10% Glycolic Acid, <5% Isopropyl Alcohol and <5 Surfactant; Lysol IC Brand III Disinfectant Spray (irritant) containing 40-60% Ethanol, 1-5% Butane and 1-5% Propane. The employer did not provide them with training on hazardous chemicals in their work area, on or about August 13, 2014.   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.