OSHA Inspection: BORO PARK OPERATING CO, LLC.

Issued

Nov 2, 2020

Abate by

Jan 21, 2021

Penalty

Initial $13,494 · Current $8,096 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 5/2/2020 and thereafter, at 4915 10th Avenue Brooklyn, NY 11219, Licensed Practical Nurses and Certified Nursing Assistants working on the 6th floor caring for patients confirmed positive for COVID-19 were required to wear an N-95 respirator. Employer failed to establish and implement a written respiratory protection program prior to respirator use.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO  COMPLY MAY RESULT IN AN ADDITIOAL PENALTY.

Issued

Nov 2, 2020

Abate by

Jan 21, 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) On or about 5/2/2020 and thereafter, at 4915 10th Avenue Brooklyn, NY 11219, Licensed Practical Nurses and Certified Nursing Assistants working on the 6th floor caring for patients confirmed positive for COVID-19 were required to wear an N-95 respirator. The employer failed to provide employees a medical evaluation prior to respirator use.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 2, 2020

Abate by

Jan 21, 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) On or about 5/2/2020 and thereafter, at 4915 10th Avenue Brooklyn, NY 11219, Licensed Practical Nurses and Certified Nursing Assistants working on the 6th floor caring for patients confirmed positive for COVID-19 were required to wear an N-95 respirator. The employer failed to provide employees with a fit test prior to respirator use.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 2, 2020

Abate by

Dec 21, 2020

Penalty

Initial $1,928 · Current $1,156 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.    a) On or about 5/2/2020, a Certified Nursing Assistant died as a result of complications from a COVID-19 infection. The employer did not record the work-related fatality on the OSHA 300 Log or its equivalent.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 2, 2020

Abate by

Dec 21, 2020

Penalty

Initial $9,639 · Current $5,783 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 5/2/2020, a Certified Nursing Assistant worked on the 6th floor died of COVID-19. the employer did not report the work-related fatlity to OSHA within 8-hours.

Issued

Nov 2, 2020

Penalty

Initial $1,928 · Current $1,156 Reduced

General-duty citation text

29 CFR 1904.40(a): The employer did not provide an authorized government representative the records within the four business hours of the request.  On or about 8/7/2020 at 4915 10th Avenue Brooklyn, NY 11219, the employer failed to provide an authorized government representative OSHA's Form 300 Log of Work-Related Injuries and Illnesses within four business hours of the request.