OSHA Inspection: GUARDIAN ELDER CARE AT WAYNESBURG, LLC

Issued

2022-03-01 00:00:00

Abate by

2022-03-11 00:00:00

Penalty

Initial $13052.00 · Current $10000.00 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:  a) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 4, 2021, throughout the facility, the employer failed to 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 in that the employer failed to annually fit test employees, failed to administer fit tests using an OSHA-accepted qualitative fit test protocol, and failed to obtain from the physician or other licensed health care professional (PLHCP)  a written recommendation regarding the employees' ability to use the respirator.

Issued

2022-03-01 00:00:00

Abate by

2022-03-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:  a) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 4, 2021, in the E-Wing, an employee using a N-95 filtering facepiece respirator did not receive an annual fit test.  b) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 28, 2021, throughout the facility, an employee using a N-95 filtering facepiece respirator did not receive an annual fit test.

Issued

2022-03-01 00:00:00

Penalty

Initial $5594.00 · Current $4000.00 Reduced

General-duty citation text

29 CFR  1910.502(i): The employer did not install cleanable or disposable solid barriers, when such barriers were feasible at each fixed work location outside of direct patient care areas where each employee is not separated from all other people by at least 6 feet of distance:  a) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 22, 2021, in the Front Lobby, the employer failed to install cleanable or disposable solid barriers.

Issued

2022-03-01 00:00:00

Abate by

2022-03-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.502(l)(5)(iii)(A): The employer did not pay the employee the same regular pay and benefits, up to $1,400 per week, until the employee met the return to work criteria specified in paragraph (l)(4)(iii) or (l)(6) of this section:  a) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about November 12, 2021, the employer did not pay a RN Supervisor's regular rate of pay in the amount of $30.80 per hour, from October 19, 2021 through October 22, 2021, less the customary deductions, when the employee was absent from work due to a positive COVID-19 test.

Issued

2022-03-01 00:00:00

Abate by

2022-03-11 00:00:00

Penalty

Initial $373.00 · Current $200.00 Reduced

General-duty citation text

29 CFR  1910.134(e)(6)(i): The employer did not obtain from the physician or other licensed health care professional (PLHCP)  a written recommendation regarding the employee's ability to use the respirator:  a) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 4, 2021, employees were required to wear a N-95 filtering facepiece respirator in the facility and the employer did not obtain from the physician a written recommendation regarding the employees' ability to use the N-95 filtering facepiece respirator.  Guardian Elder Care at Lower Burrell, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR  1910.134(e)(6)(i), which was contained in OSHA inspection number 1511948, citation number 1, item number 1 and was affirmed as a final order on August 10, 2021, with respect to a workplace located at 100 Little Drive, Lower Burrell, PA 15068.  Guardian Elder Care at Clarion, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR  1910.134(e)(6)(i), which was contained in OSHA inspection number 1535531, citation number 1, item number 1 and was affirmed as a final order on August 19, 2021, with respect to a workplace located at 999 Heidrick Street, Clarion, PA 15214.  Note:  The recommendation shall provide only the following information: Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator; the need, if any, for follow-up medical evaluations; and a statement that the PLHCP has provided the employee with a copy of the PLHCP's written recommendation.

Issued

2022-03-01 00:00:00

Abate by

2022-03-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(f)(5): The fit test was not administered using an OSHA-accepted qualitative fit test or quantitative fit test protocol:  a) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 4, 2021, in the E-Wing, an employee using a N-95 filtering facepiece respirator was not administered a fit test using an OSHA-accepted qualitative fit test protocol. The employee was administered a fit test with the N-95 filtering facepiece respirator with two plus days of beard growth and without conducting a user seal check.  b) Guardian Elder Care at Waynesburg, LLC located at 300 Center Avenue, Waynesburg, PA 15370: On or about October 10, 2021, in the D-Wing, an employee using a N-95 filtering facepiece respirator was not administered a fit test using an OSHA-accepted qualitative fit test protocol. The employee was administered a fit test with the N-95 filtering facepiece respirator without conducting a user seal check.