OSHA Inspection: PARK AVENUE OPERATING CO. LLC

Issued

Oct 2, 2020

Abate by

Oct 29, 2020

Penalty

Initial $12,145 · Current $7,287 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions listed in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:     a) Park Avenue Extended Care  Residents rooms: Employees, including but not limited to Registered Nurses, Certified Nursing Assistants, and Physical Therapists provided direct care to residents presumed to have or confirmed as positive for COVID-19. On or about April 2, 2020 and continuing thereafter, the employer did not develop or implement a written respiratory protection program for employees required to wear a 3M 1860 N95 respirator.   b) Park Avenue Extended Care  Residents rooms: Housekeeping employees assigned to designated floors were required to clean and disinfect rooms of residents who were presumed or confirmed to have COVID-19. On or about April 2, 2020 and continuing thereafter, the employer did not develop or implement a written respiratory protection program for employees required to wear a 3M 1860 N95 respirator.

Issued

Oct 2, 2020

Abate by

Oct 29, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employees ability to use a respirator before the employee was required to use a respirator in the workplace:    a) Park Avenue Extended Care  Residents rooms: Employees, including but not limited to Registered Nurses, Certified Nursing Assistants, and Physical Therapists provided direct care to residents with presumed or confirmed COVID-19.  On or about April 2, 2020 and continuing thereafter, the employer required these employees to wear 3M 1860 N95 respirators without providing medical evaluations.  b) Park Avenue Extended Care  Residents rooms:  Housekeeping employees assigned to designated floors were required to clean and disinfect the rooms of residents who were presumed or confirmed to have COVID-19.  On or about April 2, 2020 and continuing thereafter, the employer required these employees to wear 3M 1860 N95 respirators without providing medical evaluations.

Issued

Oct 2, 2020

Abate by

Oct 29, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):  Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:     a) Park Avenue Extended Care  Residents rooms:  Employees, including but not limited to Registered Nurses, Certified Nursing Assistants, and Physical Therapists provided direct care to residents with presumed or confirmed COVID-19.  On or about April 2, 2020 and continuing thereafter, the employer did not fit test these employees, who were required to wear 3M 1860 N95 filtering facepiece respirators at the work place.  b) Park Avenue Extended Care  Residents rooms:  Housekeeping employees assigned to designated floors were required to clean and disinfect the rooms of residents who were presumed or confirmed to have COVID-19.  On or about April 2, 2020, the employer did not fit test these employees, who were required to wear 3M 1860 N95 filtering facepiece respirators at the work place.

Issued

Oct 2, 2020

Abate by

Oct 29, 2020

Penalty

Initial $1,735 · Current $1,041 Reduced

General-duty citation text

29 CFR 1904.4(a):  Each employer required by this Part to keep records of fatalities, injuries, and illnesses did not record each fatality, injury and illness:   For Calendar Year 2020, the employer did not record the death and illnesses of employees who had exposure to suspected or confirmed COVID-19 patients.  Employees had days away from work due to illnesses and medical treatment.  Instances include, but are not limited to:   a) Park Avenue Extended Care:  A housekeeping employee was confirmed as COVID-19 positive on or about March 28th, 2020.  The Employee died on April 17th, 2020.   b) Park Avenue Extended Care: A Certified Nursing Assistant was confirmed as COVID-19 positive on or about March 29th, 2020 and was subsequently hospitalized.  The employee returned to work on or about July 8th, 2020.   c) Park Avenue Extended Care:  A Licensed Practical Nurse was confirmed COVID-19 positive on or about April 5th, 2020 and was subsequently hospitalized.  The employee returned to work on or about April 27th, 2020.       Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Oct 2, 2020

Penalty

Initial $8,675 · Current $5,205 Reduced

General-duty citation text

29 CFR 1904.39(a)(1):  The employer did not report the death of an employee resulting from a work-related incident within 8 hours of learning of the death:     a) Park Avenue Extended Care Facility:  On or about April 18, 2020, the employer was notified that an employee died of COVID-19 on April 17,2020. The employer failed to report to OSHA within eight (8) hours the fatality.      Note: Because abatement of this violation is already documented in the case file, the employer need not submit certification or documentation of abatement for this violation as normally required by CFR 1903.19.