OSHA Inspection: ROGOSIN INSTITUTE INC.

Issued

Oct 6, 2020

Abate by

Nov 9, 2020

Penalty

Initial $13,494 · Current $7,600 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  a) On or about April 6, 2020 and continuing thereafter at the Rogosin Institute Brooklyn East: employees, such as but not limited to Registered Nurses and Hemodialysis Technicians, who provided direct treatment and care to COVID-19 positive clients and persons under investigation for COVID-19, were given and required to wear filtering facepiece respirators while the employer did not have a written respiratory protection program.    ABATEMENT DOCUMENTATION REQUIRED

Issued

Oct 6, 2020

Abate by

Nov 9, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(ii): The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification:  a) On or about April 6, 2020 and continuing thereafter at the Rogosin Institute Brooklyn East: employer required employees, including Registered Nurses and Hemodialysis Technicians, who provided direct treatment and care for COVID-19 positive clients or persons under investigation for COVID-19, to wear filtering facepiece respirators, such as but not limited to: Powecom-KN-95 (with ear loops) and Folding KN-95 respirator (with ear loops).  These respirators did not appear on the NIOSH list of certified respirators.    ABATEMENT DOCUMENTATION REQUIRED

Issued

Oct 6, 2020

Abate by

Nov 9, 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 employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:   a) On or about April 6, 2020 and continuing thereafter at the Rogosin Institute Brooklyn East: the employer required employees, including but not limited to Resisted Nurses, Hemodialysis Technicians, who provided direct patient care and treatment to COVID-19 positive clients and persons under investigation for COVID-19, to use N95 filtering facepiece respirators.  The employer did not provide medical evaluations to the employees before they were required to use respirators.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Oct 6, 2020

Abate by

Nov 9, 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) On or about April 6, 2020 and continuing thereafter at the Rogosin Institute Brooklyn East: the employer required employees, including but not limited to Registered Nurses and Hemodialysis Technicians, who provided direct care and treatment to COVID-19 positive clients or persons under investigation for COVID-19, to use N95 filtering facepiece respirators.  The employer did not ensure employees were fit testing prior to initial use of the respirators.        ABATEMENT DOCUMENTATION REQUIRED

Issued

Oct 6, 2020

Abate by

Nov 9, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to ensure that each employee could demonstrate knowledge of 1910.134(k)(1)(i) - (vii):  a) On or about April 6, 2020 and continuing thereafter at the Rogosin Institute Brooklyn East: employees, such as but not limited to Registered Nurses, Hemodialysis Technicians, were given N95 filtering facepiece respirators to wear, provided treatment and care for COVID-19 positive clients or persons under investigation for COVID-19, and were not given training on the effects of improper fit, limitations, medical signs and symptoms preventing effecting use and seal check of filtering facepiece respirators.              ABATEMENT DOCUMENTATION REQUIRED

Issued

Oct 6, 2020

Penalty

Initial $9,639 · Current $5,400 Reduced

General-duty citation text

29 CFR 1904.39(a)(1): The employer did not report within 8-hours the death of an employee resulting from a work-related incident:   a) On or about April 7, 2020 at the Rogosin Institute Brooklyn East center: an employee who worked as a dietician at the Rogosin Institute died of suspected COVID-19 illness on April 6, 2020.  The employer became aware of the employee's death on April 7, 2020, but never reported the fatality to OSHA.    NO ABATEMENT CERTIFICATION REQUIRED