OSHA Inspection: ANDERSON FOOT AND ANKLE CLINIC

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $3,622 · Current $3,622

General-duty citation text

29 CFR 1910.1030(c)(1)(iv): The Exposure Control Plan was not reviewed and updated at least annually:  The employer did not update the exposure control plan which was developed to protect employees with occupational exposure to bloodborne pathogens.  There was no documentation that the plan was reviewed and updated.  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $3,622 · Current $0 Reduced

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:    The employer did not solicit input from non-managerial employees responsible for direct patient care, who were 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.    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $3,622 · Current $1,811 Reduced

General-duty citation text

29 CFR 1910.1030(f)(1)(i): The employer did not make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure:    Where employees, including both medical assistants and employee physicians (past and present), had occupational exposure, during procedures  such as, but not limited to, office surgical intervention, ulceration treatment, post-operation wound care, debridement of ulcers, wound vacuum treatment procedures, avulsion treatments where blood existed, callous shaving where blood was drawn, clean-up after patient treatment, and handling of blood contaminated waste, those employees were not offered the hepatitis B vaccination series.  (Note: There were no records available to show if all employees with potential exposure had the three series of shots for hepatitis B.)  Abatement documentation is required for this violation.      IN THE ALTERNATIVE:  29 CFR 1910.1030(f)(2)(iv): The employer did not assure that employees who declined to accept hepatitis B vaccination signed the statement in appendix A (declination form):    No declination forms could be produced at the time of the inspection.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $3,622 · Current $3,622

General-duty citation text

29 CFR 1910.1030(g)(2)(ii)(A): The employer did not ensure that training was provided to employees with occupational exposure at the time of initial assignment to tasks where occupational exposure might take place:  The employer did not provide training to employees at the time of their initial assignment where there was potential exposure to blood and other potentially infectious materials; there was no training provided according to the requirements of the standard.  (Note: there was no training documentation at the time of the inspection.)  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(g)(2)(ii)(B): The employer did not ensure that the training was provided to employees with occupational exposure at least annually:    The employer did not provide annual training, including those elements as required by the OSHA standard, to employees who had occupational exposure to blood or other potentially infectious material.  (Note: there was no training documentation at the time of the inspection.)    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(g)(2)(vii): The employer's training program did not contain the minimum elements required by 29 CFR 1910.1030(g)(2)(vii)(A) through (g)(2)(vii)(N):  The employer did not provide training to employees where there was potential exposure to blood and other potentially infectious materials; training was not provided according to the requirements of the standard, including on the OSHA standard, epidemiology and symptoms, the employer's exposure control plan, on risks associated with changing scalpel blades and the prohibition of hand to hand passing, information on the hepatitis B vaccination and information on other bloodborne pathogens such as hepatitis C, how exposure incidents were to be handled, including on post exposure evaluation and follow-up, opportunity for input on use of safer engineered sharps, handling blood contaminated waste, and an opportunity for interactive questions and answers.  (Note: there was no training documentation at the time of the inspection.)  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $2,173 · Current $1,087 Reduced

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:    Material safety data sheets had not been replaced with safety data sheets.    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.    There was no list of chemicals/chemical products used at the clinic.  (Note: the employer's written chemical hazard communication program correctly stated that a list of chemicals is required and stated that a list was present in the program although it was blank.)    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $2,173 · Current $2,173

General-duty citation text

29 CFR 1910.1200(h)(2)(i): The employer did not provide information to the employees on the requirements of the Hazard Communication Standard 29 CFR 1910.1200:  Chemical hazard communication training, as outlined in the OSHA standard, was not provided to employees who used chemicals, including phenol, ethyl chloride, hydrogen peroxide, photographic fixer and developer, and disinfectants such as Madacide.  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(2)(iii): The employer did not provide information to the employees as to the location and availability of the written hazard communication program, and safety data sheets required by 29 CFR 1910.1200:  Chemical hazard communication training, as outlined in the OSHA standard, was not provided to employees who used chemicals, including phenol, ethyl chloride, hydrogen peroxide, photographic fixer and developer, and disinfectants such as Madacide.  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:  Chemical hazard communication training, as outlined in the OSHA standard, was not provided to employees who used chemicals, including phenol, ethyl chloride, hydrogen peroxide, photographic fixer and developer, and disinfectants such as Madacide.  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(iv):  The details of the hazard communication program developed by the employer, did not include an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employee could obtain and use the appropriate hazard information:  Chemical hazard communication training, as outlined in the OSHA standard, was not provided to employees who used chemicals, including phenol, ethyl chloride, hydrogen peroxide, photographic fixer and developer, and disinfectants such as Madacide.  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(j)(1): The employer did not train employees regarding the new label elements and safety data sheets format by December 1, 2013:  Chemical hazard communication training on the changes for labeling and the replacement of material safety data sheet with the new safety data sheet, including training on the new format, was not provided to employees who used chemicals, including phenol, ethyl chloride, hydrogen peroxide, photographic fixer and developer, and disinfectants such as Madacide.  Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $43,456 · Current $3,622 Reduced

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):    On the opening day of inspection, 7-19-17, the employer directed employees to remove blood contaminated waste from regular trash containers in examination rooms, and place in regulated waste containers.    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $9,054 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(ii)(A): The employer's Exposure Control Plan did not include the exposure determination required by 29 CFR 1910.1030(c)(2):    The employer did not conduct an exposure determination before the beginning of the inspection on 7-19-17 and there was no documentation.  A document was provided to OSHA on 8-3-17, "JOB CLASSIFICATONS AT OUR FACILITY," and the employer stated it was completed before the inspection.    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $9,054 · Current $0 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:    The employer did not document a safer medical devices evaluation before the beginning of the inspection on 7-19-17.  A document was provided on 8-3-17, "Safer Sharps Evaluation," that was dated as being completed on 6/16/2017.    Abatement documentation is required for this violation.

Issued

Nov 8, 2017

Abate by

Dec 28, 2017

Penalty

Initial $9,054 · Current $3,622 Reduced

General-duty citation text

29 CFR 1910.1030(h)(2)(i): The employer's records for annual bloodborne pathogen training did not include all of the elements required by (h)(2)(i)(A)-(D) of 29 CFR 1910.1030:    The employer did not document OSHA required training, including all the elements stated in the OSHA standard, before the beginning of the inspection on 7-19-17.  A document was provided to OSHA on 8-3-17, "OSHA Training," dated 9/1/16, and "OSHA/Safety," also dated 9/1/16, which listed some of the OSHA required training elements.  The training record was dated as being completed on 9/1/16.      Abatement documentation is required for this violation.