OSHA Inspection: OSHKOSH ASSISTED LIVING, LLC

Issued

Dec 9, 2021

Abate by

Jan 7, 2022

Penalty

Initial $5,803 · Current $4,062 Reduced

General-duty citation text

29 CFR  1910.502(f)(2)(i): When employees have exposure to a person with suspected or confirmed COVID-19, the employer must provide a respirator to each employee and ensure that it is provided and used in accordance with 29 CFR 1910.134.  At the facility located at 3851 Jackson Street, Oshkosh, WI 54901, the employer did not ensure that employees with exposure to a person with suspected or confirmed COVID-19 were using respirators in accordance with 29 CFR 1910.134, exposing employees to the hazards associated with SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2) in the following instances:  a) Employees did not perform a seal check when putting on a tight-fitting respirator to enter rooms where there was exposure to SARS-CoV-2; b) Employees were not provided effective training as required by 29 CFR 1910.134. Employees were not trained on how to perform a seal check when wearing a respirator, what the limitations and capabilities of the respirator are, how to recognize medical signs and symptoms that may limit or prevent the effective use of respirators,  and how to properly store a respirator.

Issued

Dec 9, 2021

Abate by

Jan 7, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(g)(1)(iii): For all tight-fitting respirators, the employer shall ensure that employees perform a user seal check each time they put on the respirator using the procedures in Appendix B-1 or procedures recommended by the respirator manufacturer that the employer demonstrates are as effective as those in Appendix B-1 of this section.  At the facility located at 3851 Jackson Street, Oshkosh, WI 54901, the employer did not ensure employees required to wear respirators performed a user seal check each time they put on a respirator while caring for suspected or confirmed COVID-19 residents, exposing employees to the hazards associated with SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2) in the following instances:  a) On or about August 31, 2021, an employee did not perform a seal check when putting on a tight-fitting respirator; b) On or about September 7, 2021, an employee did not perform a seal check when putting on a tight-fitting respirator.

Issued

Dec 9, 2021

Abate by

Jan 7, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k): This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.  At the facility located at 3851 Jackson Street, Oshkosh, WI 54901, the employer did not provide effective training to an employees that were required to use a respirator while caring for suspected or confirmed COVID-19 residents, exposing employees to the hazards associated with SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2) in the following instances:  a) On or about August 31, 2021, an employee was not provided effective training prior to using a respirator in the workplace on how to perform a seal check when wearing a respirator, what the limitations of the respirator are, and how to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; b) On or about September 7, 2021, an employee was not provided effective training prior to using a respirator in the workplace on what the limitations of the respirator are and proper storage of the respirator; c) On or about September 7, 2021, an employee was not provided effective training prior to using a respirator in the workplace on what the limitations of the respirator are and how to recognize medical signs and symptoms that may limit or prevent the effective use of respirators.  All provisions of 29 CFR 1910.134(k)(1) through (k)(6) shall be provided to employees wearing respirators. Key elements include, but are not limited to the following:  1) Reason for respirators use 2) Respirator limitations and capabilities 3) Effective respirator inspection and use 4) Procedures for maintenance, care and storage of respirators 5) Recognition of signs/symptoms that may limit respirator use

Issued

Dec 9, 2021

Penalty

Initial $3,481 · Current $2,437 Reduced

General-duty citation text

29 CFR  1910.502(k)(1)(iii): All air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher, if compatible with the HVAC system(s). If MERV-13 or higher filters are not compatible with the HVAC system(s), employers must use filters with the highest compatible filtering efficiency for the HVAC system(s).  On or about August 23, 2021 at the facility located at 3851 Jackson Street, Oshkosh, WI 54901, the employer did not ensure that a Bryant Model 915S furnace used a filter rated MERV 13 or higher, exposing employees to the hazards associated with SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). The filter installed in the Bryant Model 915S furnace was a MERV 11 filter.

Issued

Dec 9, 2021

Abate by

Dec 21, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.502(d)(3): In settings where direct patient care is provided, the employer must implement other applicable patient management strategies in accordance with CDC's "COVID-19 Infection Prevention and Control Recommendations" (incorporated by reference, 29 CFR 1910.509).  On or about August 23, 2021 at the facility located at 3851 Jackson Street, Oshkosh, WI 54901, the employer did not ensure that applicable patient management strategies in accordance with CDC's "COVID-19 Infection Prevention and Control Recommendations" were implemented, exposing employees to the hazards associated with SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). Resident rooms in the facility were not labeled notifying employees that airborne, droplet, and contact precautions (as necessary) were required prior to entering rooms where suspected or confirmed COVID-19 residents reside.

Issued

Dec 9, 2021

Abate by

Jan 7, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.502(n)(1): The employer must ensure that each employee receives training, in a language and at a literacy level the employee understands, and so that the employee comprehends at least the following:  1910.502(n)(1)(ix) Available sick leave policies, any COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws, and other supportive policies and practices (e.g., telework, flexible hours); 1910.502(n)(1)(x) The identity of the safety coordinator(s) specified in the COVID-19 plan; 1910.502(n)(1)(xii) How the employee can obtain copies of this section and any employer specific policies and procedures developed under this section, including the employer's written COVID-19 plan, if required. At the facility located at 3851 Jackson Street, Oshkosh, WI 54901, the employer did not provide training to employees that cared for suspected or confirmed COVID-19 residents, exposing employees to the hazards associated with SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2) in the following instances:  a) On or about August 23, 2021, two employees were  not provided training on the identity of the safety coordinators specified in the employer's COVID-19 plan, where to obtain a copy of the employer's COVID-19 plan, and where to find obtain a copy of 29 CFR 1910.502; b) On or about September 28, 2021, an employee was not provided training on available sick leave policies related to COVID-19.  All provisions of 29 CFR 1910.502 (n)(1)(i) through (n)(1)(xii) must be provided where any employee provides healthcare services or healthcare support services. Key elements include, but are not limited to the following:  1) Tasks and situations in the workplace that could result in COVID-19 infection; 2) Policies and procedures to prevent the spread of COVID-19; 3) Policies and procedures for PPE to be worn including when PPE is required, imitations of PPE, how to properly put on, wear, and take off PPE, how to properly care for, store, clean, maintain, and dispose of PPE, and any modifications to procedures when PPE is worn to address workplace hazards other than COVID-19.