OSHA Inspection: OAKS INTEGRATED CARE

Issued

May 14, 2021

Abate by

Jul 12, 2021

Penalty

Initial $13,653 · Current $9,250 Reduced

General-duty citation text

29 CFR OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were not protected from the hazard of contracting the virus, SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the cause of the COVID-19 disease, which can cause death.    a) On 11/14/2020 and thereafter, the employer did not develop and implement timely and effective measures to mitigate the spread of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19). Oaks Integrated Care failed to identify and isolate suspected COVID-19 consumers who resided in its group homes. As a result, Oaks staff working in group homes and day program facilities were exposed to COVID-19. Oaks did not accurately inform its staff who worked with suspected COVID-19 consumers or co-workers about their risk. These conditions allowed the perpetuation of an outbreak of COVID-19 at Oaks Integrated Care facilities.  One employee at the Pat LeBon day program and one employee at the Bock Bay group home died from COVID.     Examples include but are not limited to:  * On and about 11/19/20, three symptomatic suspected-COVID consumers residing in the Turner Lane group home were not isolated. Two of these consumers attended the Pat LeBon day program facility. Employees in both facilities cared for these consumers while wearing only surgical masks. Seven employees working in these two facilities tested positive for COVID, and one died.    * Between 11/15/2020 and 12/5/2020, consumers who lived in other Oaks Integrated Care group homes, including the Evergreen Manor Group Home, R.I.S.E., Jerry Gavin House,  the Martha's Boulevard Group Home, and the Marriott Drive Group Home also attended the Pat LeBon day program facility and tested positive for COVID. Employees working in these group homes cared for consumers while wearing only surgical masks.   * On and about 11/16/2020, one suspected-COVID consumer residing in the Marriott Drive group home was not isolated before receiving a positive COVID test. One employee working in this group home tested positive for COVID.   *  Between 1/12/2021 and 1/27/2021, three suspected-COVID consumers residing in the Bock Bay group home were not isolated. An employee working in this group home tested positive for COVID and died.   * Oaks Integrated Care did not isolate group home residents unless they had a fever of 100.4 or above or a positive test for COVID-19. Group home consumers who lived with and interacted with symptomatic suspected-COVID and confirmed-COVID consumers were not isolated.   ABATEMENT DOCUMENTATION AND ABATEMENT CERTIFICATION REQUIRED FOR THIS ITEM

Issued

May 14, 2021

Abate by

Jun 10, 2021

Penalty

Initial $13,653 · Current $9,250 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:  Oaks Integrated Care Imapct House:   (a) On and after 11/14/2020, the employer did not develop and implement a written respiratory protection program with worksite specific procedures for respirator use that included all the provisions of 29 CFR 1910.134(c)(1)(I)-(ix). Employees provided care to suspect and confirmed COVID-19 positive consumers.  ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Issued

May 14, 2021

Abate by

Jun 10, 2021

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:    Oaks Integrated Care Impact House:   (a) On and after 11/14/2020, the employer did not provide NIOSH-certified respirators to employees who provided care to suspect and confirmed COVID-19 positive consumers. The employer provided and required employees to wear respirators labeled KN95. Some were labeled Powecom KN95 personal respirator, Earloop Style, GB2626-2006. These KN95s did not contain certification markings indicating that they were certified under an equivalent international standard.  ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Issued

May 14, 2021

Abate by

Jul 12, 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) Oaks Integrated Care Impact House:  On and after 11/14/2020, the employer did not provide a medical evaluation to determine each employee's ability to use a respirator before requiring their use. The employer required employees to wear respirators while providing care to suspected and confirmed COVID positive consumers.  ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Issued

May 14, 2021

Abate by

Jul 12, 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 or annually re-fitted:     Oaks Integrated Care Impact House:  (a) On and after 11/14/2020, the employer did not provide a fit test to all employees required to wear respirators. The employer provided employees with 3M N95 filtering facepiece respirators and KN95 Earloop filtering facepiece respirators to protect against the SARS-CoV-2 virus while providing care to to suspected and confirmed COVID positive consumers.  ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Issued

May 14, 2021

Abate by

Jun 10, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:    (a) Oaks Integrated Care Impact House:  On and after 11/14/2020, the employer did not provide employees required to wear 3M N95 and KN95 Earloop respirators to protect against exposure to the SARS-CoV-2 virus with effective training in the use, cleaning, and storage of a respirator, before requiring their use.  ABATEMENT CERTIFICATION AND ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM