OSHA Inspection: SUNNY ACRES NURSING HOME, INC.

Issued

Aug 9, 2022

Abate by

Sep 12, 2022

Penalty

Initial $14,357 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.134(e)(2)(ii): The medical evaluation did not obtain the information requested by the questionnaire in Sections 1 and 2, Part A of Appendix C of 29 CFR 1910.134:  Location - 254 Billerica Road, Chelmsford, MA.  On or about 3/21/2022 and ongoing, the respiratory medical evaluation used by the employer did not ensure that employees required to wear N95 respirators while providing direct care to suspect and confirmed COVID-19 residents, were medically able to wear a respirator, and was not adequate.  The employer's medical evaluation was in the form of a checklist and did not contain the information required by Appendix C.

Issued

Aug 9, 2022

Abate by

Sep 26, 2022

Penalty

Initial $12,306 · Current $7,300 Reduced

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:  Location - 254 Billerica Road, Chelmsford, MA.  On or about 3/21/2022 and ongoing, medical evaluations were not completed for employees prior to the required use of N95 respirators for employee protection while caring for positive and presumptively positive COVID-19 patients.  At least three employees and others who provided direct care to COVID-19 positive patients, were not medically evaluated prior to wearing an N95 respirator.  Sunny Acres was previously cited for a violation of this occupational safety and health standard, 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1500279, Citation 1, Item 1B, and was affirmed a final order on 4/27/2021, with respect to the facility at 254 Billerica Road, Chelmsford, MA.

Issued

Aug 9, 2022

Abate by

Sep 26, 2022

Penalty

Initial $28,714 · Current $17,200 Reduced

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:  Location - 254 Billerica Road, Chelmsford, MA.  On or about 3/21/2022 and ongoing, employees required to use N95 respirators to protect against SARS-CoV-2 while working with COVID-19 positive or presumptively positive patients were not fit tested to ensure that the N95 respirator made a tight seal to the face, protecting employees from pathogens.  At least three employees and others who provided direct care to COVID-19 positive patients, were not fit tested prior to wearing an N95 respirator.  Sunny Acres was previously cited for a violation of this occupational safety and health standard, 29 CFR 1910.134(f)(2), which was contained in OSHA inspection number 1500279, Citation 1, Item 1C, and was affirmed a final order on 4/27/2021, with respect to the facility at 254 Billerica Road, Chelmsford, MA.

Issued

Aug 9, 2022

Abate by

Sep 12, 2022

Penalty

Initial $1,151 · Current $500 Reduced

General-duty citation text

29 CFR 1910.134(m)(1): Records of medical evaluations required by 29 CFR 1910.134 were not retained and made available in accordance with 1910.1020:  Location - 254 Billerica Road, Chelmsford, MA.  On or about 3/21/2022 and ongoing, the employer did not retain written information regarding employee medical evaluations required under the respiratory protection standard.

Issued

Aug 9, 2022

Abate by

Sep 12, 2022

Penalty

Initial $1,151 · Current $0 Reduced

General-duty citation text

29 CFR  1910.134(m)(2)(i): The employer did not establish a record of the qualitative and quantitative fit tests administered to an employee which included the information required by 29 CFR 1910.134(m)(2)(i)(A) through (m)(2)(i)(E):   Location - 254 Billerica Road, Chelmsford, MA.  On or about 3/21/2022 and ongoing, the employer's fit testing records did not contain the information required by the standard.  The records were missing: name and identification of the employee tested, the type of fit test performed, the specific make, model, style and size of respirator tested, and the date of the test.

Issued

Aug 9, 2022

Abate by

Sep 12, 2022

Penalty

Initial $1,151 · Current $0 Reduced

General-duty citation text

29 CFR  1910.134(m)(2)(ii): Fit test records were not retained for respirator users until the next fit test was administered:  Location - 254 Billerica Road, Chelmsford, MA.  On or about 3/21/2022, the employer did not maintain written records for employees who were administered respiratory fit tests, after the company was cited for a violation of not conducting respiratory fit tests in a 2020 inspection, 1500279.