OSHA Inspection: TSMM MANAGEMENT, LLC

Issued

Dec 15, 2021

Abate by

Dec 27, 2021

Penalty

Initial $13,653 · Current $6,826 Reduced

General-duty citation text

29 CFR  1910.502(f)(2)(i): The employer did not ensure that a respirator was used in accordance with 29 CFR � 1910.134 when employees have exposure to a person with suspected or confirmed COVID-19.  TSMM Management, LLC dba Primrose Retirement Community of Marion located at 1550 Wellness Drive, Marion, OH 43302:  On or about October 5, 2021 and at times thereafter, in the assisted living building, the employer failed to  ensure that a respirator was used in accordance with 29 CFR � 1910.134 when employees have exposure to residents with suspected or confirmed COVID-19.

Issued

Dec 15, 2021

Abate by

Dec 27, 2021

Penalty

Initial $0 · Current $0

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:   TSMM Management, LLC dba Primrose Retirement Community of Marion located at 1550 Wellness Drive, Marion, OH 43302:  On or about October 5, 2021 and at times thereafter, the employer did not develop and implement a written respiratory protection program with worksite-specific procedures for N95 respirator use that included all provisions in 29 CFR 1910.134(c)(1)(i) - (ix). The employer required employees to wear N95 respirators throughout their work shifts while exposed to suspected or confirmed positive COVID-19 residents.

Issued

Dec 15, 2021

Abate by

Dec 27, 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:   TSMM Management, LLC dba Primrose Retirement Community of Marion located at 1550 Wellness Drive, Marion, OH 43302:  On or about October 5, 2021 and at times thereafter, the employer did not provide a medical evaluation to determine each employee's ability to use a respirator before requiring the use.  The employer required employees to wear respirators while providing care to suspected and confirmed positive COVID-19 residents.   Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.

Issued

Dec 15, 2021

Abate by

Dec 27, 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:   TSMM Management, LLC dba Primrose Retirement Community of Marion located at 1550 Wellness Drive, Marion, OH 43302:  On or about October 5, 2021 and at times thereafter, 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 providing care to suspected and confirmed positive COVID-19 residents.

Issued

Dec 15, 2021

Abate by

Dec 27, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1): 29 CFR 1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i) - (vii):  TSMM Management, LLC dba Primrose Retirement Community of Marion located at 1550 Wellness Drive, Marion, OH 43302:  On or about October 5, 2021 and at times thereafter, the employer did not provide employees with effective training on how improper fit, usage or maintenance can compromise the protective effects, how to check the seal of the respirator, procedure for storage of the respirator, and how to recognize medical signs and symptoms preventing effective use of filtering facepiece respirators.  The employer required employees to wear N95 filtering facepiece respirators to protect against the SARS-CoV-2 virus while providing care to suspected and confirmed positive COVID-19 residents.

Issued

Dec 15, 2021

Abate by

Jan 4, 2022

Penalty

Initial $13,653 · Current $6,826 Reduced

General-duty citation text

29 CFR  1910.502(k)(1)(iii): Employers did not ensure that all air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher, if compatible with the HVAC system(s).  TSMM Management, LLC dba Primrose Retirement Community of Marion located at 1550 Wellness Drive, Marion, OH 43302:  On or about October 5, 2021, in the assisted living building, the employer failed to ensure that all air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher. The employer was using MERV 7 and MERV 10 filters in the resident rooms and in the common areas of the building.