Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1520152.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $12,288.00
Current Penalty: $11,060.00
Issuance Date: 06/23/2021
Nr Instances: 4
Nr Exposed: 100
Abatement Date: 08/05/2021
Gravity: 10
Report ID: 0112600
Contest Date:
Final Order: 07/16/2021
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 07/16/2021 | $11,060.00 | 08/05/2021 | Serious | |
| Penalty | Z: Issued | 06/23/2021 | $12,288.00 | 08/05/2021 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to acts of workplace violence (WPV) caused by patient aggression. Nurses, Mental Health Technicians, therapists, and other staff providing assistance during violent episodes have suffered serious WPV related injuries such as head injuries, neck injuries, back injuries, concussions, and lacerations while performing their job duties. The employer has not developed and implemented adequate measures to protect employees from this recurring serious hazard. Location: 300 Friberg Parkway, Westborough, MA On February 28, 2021, and at times prior, employees were exposed to physical attacks from patients who exhibited aggressive behavior and were known to pose a risk to themselves or others. Nurses, Mental Health Technicians, therapists, and other staff providing assistance during violent episodes at Westborough Behavioral Healthcare Hospital suffered serious and potentially life threatening WPV related injuries, which resulted from direct attacks including, but not limited to, strikes by improvised weapons, punches to the face and body, kicks to the head and body, pushing of head/body against immovable objects, pulls to hair with twisting of the neck and spine, bites, and scratches. Employees were injured during patient elopement attempts, behavioral health emergencies, while breaking up fights between patients, aiding of co-workers being assaulted, and while performing safety checks. The employer had not developed and implemented adequate measures to protect employees from this recurring serious hazard. a) On December 26, 2020, employees received head injuries during a thirteen patient uprising when patients jumped over the nurse's station to pull fire alarm/unlock all doors, ripped metal components from ceiling, and seven patients fought their way out of the building. This required police from multiple towns to use force and handcuffs to return patients. b) On December 27, 2020, employees received minor injuries during a patient uprising. c) On January 7, 2021, an employee attempting to stop the elopement of a patient who escaped to the lobby received severe neck and spinal injuries resulting in surgery and over 100 days away from work. d) On January 13, 2021 and February 28, 2021, two employees received head injuries when patients swung them into walls and doors. This resulted in over 100 days away from work.
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