Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

Department of Labor Logo
OSHA News Release
-
Region 2


Please note: As of January 20, 2021, information in some news releases may be out of date or not reflect current policies.
Region 2 News Release: 06-1074-NEW/BOS 2006-176
Tuesday, June 27, 2006
Contact: Ted Fitzgerald
Phone: (617) 565-2074


OSHA Fines Flushing Hospital $112,500 for Formaldehyde Hazards

FLUSHING, N.Y. -- A Flushing hospital's alleged failure to protect workers from exposure to formaldehyde has resulted in $112,500 in fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

New York Hospital of Queens was cited for two alleged willful and three alleged serious violations of health and safety standards following an inspection by OSHA's Queens district office, which began Dec. 15 in response to an employee complaint. The complaint concerned possible overexposure to formaldehyde for pathology assistants and oral pathology residents working with specimens stored in containers filled with formalin, a preservative that contains formaldehyde.

The hospital did not promptly monitor employees' exposure to formaldehyde after they reported signs, symptoms or respiratory conditions consistent with exposure and did not ensure that all employees who worked with formaldehyde were provided proper training.

"Exposure monitoring and employee training are key tools for identifying and addressing formaldehyde hazards before they affect workers," said Richard Mendelson, OSHA's area director for the boroughs of Queens, Brooklyn and Manhattan, N.Y. "The hospital knew these safeguards were required and did not implement them even after employees displayed exposure symptoms."

The willful citations, carrying $99,000 in proposed fines, were for failure to promptly monitor employees with exposure to, and provide training for employees having exposure to, formaldehyde. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

Serious citations were for failing to repeat initial exposure monitoring when there were changes in personnel and control measures, failing to provide medical surveillance for overexposed employees and failing to inform employees of the results of exposure monitoring. Proposed fines totaled $13,500. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.

Formaldehyde is a colorless, strong-smelling gas often used as a preservative in medical laboratories. A suspected human carcinogen, it has been linked to nasal and lung cancer, with possible links to brain cancer and leukemia. Acute exposure is highly irritating to the eyes, nose and throat. Long-term exposure to low levels may cause respiratory difficulty and skin irritation.

New York Hospital of Queens has 15 business days from receipt of the citations to request and participate in an informal conference with OSHA or to contest the citations before the independent Occupational Safety and Health Review Commission. Employers and employees in Queens with questions regarding workplace safety and heath standards may call the OSHA Queens district office at (718) 279-9060.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.


###

U.S. Labor Department releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.