OSHA Inspection: ELEVATE CARE NILES, LLC

Issued

May 26, 2021

Abate by

Jun 30, 2021

Penalty

Initial $12,288 · Current $8,650 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) Elevate Care Niles, LLC located at 8333 W. Golf Road, Niles, Illinois 60174:  Between November 11, 2020 and December 4, 2020, the employer required employees to wear N95 respirators to protect against the SARS-CoV-2 virus while providing care to suspected and confirmed positive COVID-19 residents. 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).   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 26, 2021

Abate by

Jun 30, 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) Elevate Care Niles, LLC located at 8333 W. Golf Road, Niles, Illinois, 60714:  Between November 11, 2020 and December 4, 2020, the employer the employer required employees to wear N95 respirators to protect against the SARS-CoV-2 virus while providing care to suspected and confirmed positive COVID-19 residents. The employer did not provide a medical evaluation to determine each employees ability to use a respirator before requiring the use of N95 respiratory protection during patient care.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 26, 2021

Abate by

Jun 30, 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) Elevate Care Niles , LLC located at 8333 W. Golf Road, Niles, Illinois 60714:  Between November 11, 2020 and December 4, 2020, the employer required employees to wear N95 respirators to protect against the SARS-CoV-2 virus while providing care to suspected and confirmed positive COVID-19 residents. The employer did not provide a fit test to all employees before requiring the use of N95 respiratory protection during patient care.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 26, 2021

Abate by

Jun 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(m)(2)(i)(C): The employer did not establish a record of the qualitative and quantitative fit tests administered to an employee which included the specific make, model, style and size of respirator tested:  a) Elevate Care Niles , LLC located at 8333 W. Golf Road, Niles, Illinois 60714:  Between November 22 and December 4, 2020, the employer did not establish a record of the fit tests, administered to employees, that contained  all the required information, including, but not limited to, whether the employee passed or failed the test, the type of fit test administered and the specific make, model, style and size of the respirator tested.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 26, 2021

Penalty

Initial $8,778 · Current $6,200 Reduced

General-duty citation text

29 CFR  1904.39(a)(1):  Within eight (8) hours after the death of an employee as a result of a work-related incident, the employer did not report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor:   a) Elevate Care Niles, LLC located at 8333 W. Golf Road, NIles, Illinois 60714  The employer did not report, to OSHA, within eight (8) hours, a work-related fatality that occurred on or about January 7, 2021.

Issued

May 26, 2021

Penalty

Initial $1,756 · Current $1,150 Reduced

General-duty citation text

29 CFR  1904.40(a): On January 15, 2021, the employer did not provide an authorized government representative the requested  injury and illness records to an authorized representative within the four business hours.  Elevate Care Niles, LLC located at 8333 W. Golf Road, Niles, Illinois  a) On January 15, 2021, the employer did not provide, upon request, the OSHA Form 300, Log of Work-Related Injury and Illness, the OSHA Form 301, Work-Related Injury and Illness reports, and applicable 300A summary forms  for calendar years 2019, 2020, and  2021, within four business hours. The 2020  OSHA 300 Logs, and 2020 OSHA 301s were not provided until January 28, 2021; and the 2019 and 2020 300A summary forms, 2021 OSHA 300 Log and 2021 OSHA 301s were not provided till March 18, 2021.   No abatement certification or documentation is required for this item.