OSHA Inspection: 460 AUBURN AVENUE ASSOCIATES, L.P.

Issued

Feb 5, 2021

Abate by

Mar 4, 2021

Penalty

Initial $8,778 · Current $5,267 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) 460 Auburn Avenue Associates, LP dba Legacy Transitional Care and Rehabilitation located at 460 Auburn Avenue NE, Atlanta, Georgia:   On or about August 17, 2020, the employer did not develop and implement a written respiratory protection program with worksite-specific procedures for respirator use that included all provisions in 29 CFR 1910.134(c)(1)(i) - (ix). The employer required employees to wear respirators throughout their shifts while working on the second floor and above, exposed to suspected or confirmed positive COVID-19 residents and co-workers.

Issued

Feb 5, 2021

Abate by

Mar 4, 2021

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) 460 Auburn Avenue Associates, LP dba Legacy Transitional Care and Rehabilitation located at 460 Auburn Avenue NE, Atlanta, Georgia:  On or about August 17, 2020, the employer did not provide a medical evaluation to determine each employees' ability to use a respirator before requiring the use. The employer required employees to wear respirators on the second floor and above, exposed to suspected or confirmed positive COVID-19 residents and co-workers.

Issued

Feb 5, 2021

Abate by

Mar 4, 2021

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) 460 Auburn Avenue Associates, LP dba Legacy Transitional Care and Rehabilitation located at 460 Auburn Avenue NE, Atlanta, Georgia:  On or about August 17, 2020, the employer did not provide a fit test to all employees required to wear respirators. The employer required employees to wear N95 filtering facepiece respirators to protect against the SARS-CoV-2 virus while on the second floor and above, exposed to suspected or confirmed positive COVID-19 residents and co-workers.