OSHA Inspection: ABSOLUT CARE OF ORCHARD PARK

Issued

Mar 16, 2016

Abate by

Apr 20, 2016

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.) Facility - On or about 12/11/15, employees work with corrosive laundry and cleaning chemicals; patient's blood and body fluids; and, use power tools for maintenance.  The employer has not performed a personal protective equipment hazard assessment for the facility and developed a written certification for that hazard assessment.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Apr 20, 2016

Penalty

Initial $5,000 · Current $3,750 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.) Facility - On or about 12/11/15, on a daily basis employees, such as LPNs and RNs, use a variety of sharps to administer medication, vaccinations, or to take blood.  The employer's exposure control plan/BBP program did not annually document consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure.  During 2015, the facility had at least three (3) sharps-related exposure incidents.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Apr 20, 2016

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 and did not document the solicitation in the Exposure Control plan:  a.) Facility - On or about 12/11/15, nursing employees use, on a daily basis, a variety of sharps to administer medications and take blood.  In 2015 the facility had at least three (3) sharps related incidents.  The employer 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 practices controls and did not document the solicitation in the Exposure Control Plan.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Mar 28, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(h)(5)(i)(A): The employer did not maintain a sharps injury log that contained at a minimum the type and brand of device involved in the incident:  a.) The facility had three sharps-related injuries that would be required to be recorded on a sharps log and include the type and brand of the device involved. This was not recorded on the log being used as the Sharps Log.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Mar 23, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(h)(5)(i)(B): The employer did not maintain a sharps injury log that contained at a minimum the department or work area where the exposure incident occurred:  a.) Facility - On or about 12/11/15, the employer did not include the department where the needle stick/sharps injury occurred.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Apr 20, 2016

Penalty

Initial $4,000 · Current $3,000 Reduced

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.) Facility - On or about 12/11/15, employees work with chemicals such as but not limited to: Laundri Neutralizer (corrosive); Tri Star Sour VII (corrosive); and, Lime Away LP (corrosive).  The employer had not maintained a written Hazard Communication program at the worksite.  The facility did not have a written Hazard Communication program available and completely implemented at the facility, including an updated inventory list of chemicals in use at the facility.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Apr 20, 2016

Penalty

Initial $0 · Current $0

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) Facility - On or about 12/11/15, employees work with a variety of chemicals such as but not limited to: Laundri Neutralizer (corrosive); Tri Star Sour (corrosive); Lime Away LP (corrosive); gasoline (flammable); paints, etc.  The facility has multiple books of Material Safety Data Sheets (MSDS) and some Safety Data Sheets (SDS) and some outdated inventory lists for several of the different areas of the facility.  The employer has not updated the (M)SDS sheets; removed sheets for chemicals no longer in use; and, has not updated the inventory lists of chemicals using an identity that was reference on the appropriate (M)SDS.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Apr 20, 2016

Penalty

Initial $0 · Current $0

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.) Facility - On or about 12/11/15, employees work with a variety of chemicals on a daily basis, including but not limited to: Laundri Neutralizer (corrosive)l Tri Star Sour (corrosive) and Lime Away LP (corrosive).  The employer does not provide Hazard Communication training to all employees working with chemicals at the time of initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Mar 26, 2016

Penalty

Initial $1,000 · Current $750 Reduced

General-duty citation text

29 CFR 1904.4(a): The employer did not record each work-related fatality, injury or illness case that resulted in the general recording criteria on the OSHA Form 300 or equivalent.   Facility - On or about 12/11/15, the employer did not record the following workplace injuries or illnesses on the OSHA Form 300 or equivalent for the calendar year 2015.   a.) On 10/14/15, an employee sustained a low back strain resulting in restricted work activities.  The restricted days were not recorded on the log.  b.) On 10/6/15, an employee sustained a sharps-related injury.  The employer did not record the injury on the OSHA 300 log as a privacy case.  c.) On 9/12/15 an employee slipped in a resident's room sustaining a work-related injury resulting in 40+ lost days of work.  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Mar 23, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.8(a): All work-related needlestick injuries and cuts from sharp objects that were contaminated with another person's blood or other potentially infectious material were not recorded on the OSHA 300 Log as an injury.  a.) Facility - On or about 12/11/15, during a review of the 2015 OSHA 300 log and work-related injuries and illnesses, it was noted that the employer did not record three needle sticks, each meeting the criteria for recording,  ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 16, 2016

Abate by

Mar 26, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(b)(3): 29 CFR 1904.29(b)(3): Each recordable injury or illness was not entered on the OSHA 300 Log and/or an incident report (OSHA Form 301 or equivalent) within seven (7) days of receiving information that a recordable injury or illness has occurred:  Facility - As of 12/11/14, the employer had not yet recorded the following workplace injuries on the OSHA 300 log, even though information on the injuries had been available for greater than 7 days  a.) An employee sustained a concussion and other related injuries when attacked by a resident.  The incident took place on 10/31/15.  The employee had been out of work for over 1 month, but the injury had not yet been placed on the OSHA 300 log within 7 days of receiving information that a recordable injury or illness has occurred.  b.) An employees sustained a sharps-related injury.  The incident took place on 10/6/15.  The employer had not yet recorded the injury on the OSHA 300 log within 7 days of receiving information that a recordable injury or illness has occurred.  c.) An employee suffered from a strain of the R shoulder while working with a resident.  The incident took place on 8/17/15.  The employee lost 14+ days of work, but the injury had not yet been placed on the OSHA 300 log within 7 days of receiving information that a recordable injury or illness has occurred.   ABATEMENT CERTIFICATION REQUIRED