Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1568397.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $14,502.00
Current Penalty: $7,251.00
Issuance Date: 07/26/2022
Nr Instances: 4
Nr Exposed: 200
Abatement Date: 02/27/2024
Gravity: 10
Report ID: 0213900
Contest Date: 08/18/2022
Final Order: 11/27/2023
Related Event Code (REC): C
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 11/27/2023 | $7,251.00 | 02/27/2024 | Serious | |
| Penalty | C: Contested | 08/22/2022 | $14,502.00 | 08/19/2022 | Serious | |
| Penalty | Z: Issued | 07/26/2022 | $14,502.00 | 08/19/2022 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
29 CFR 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 are exposed to violence while working with students with intellectual and developmental disabilities. Employees, including direct support professionals, paraprofessionals, teachers, and substitute teachers, were kicked, punched, tackled, bitten, and pushed throughout the school and residential housing units on campus. This violence has resulted in employee injuries such as lacerations, broken and sprained bones, concussions, and torn ligaments. a. Bancroft Neurohemal Inc. DBA The Bancroft School - 311 Walton Ave, Mt. Laurel, NJ 08054 - High school classroom: On January 26, 2022, a DSP was involved in two incidents with the same student during the workday and suffered an injury to her left hand. The first incident occurred in the classroom while the employee was assisting with the restraint of a student. While performing a restraint the student kicked the employee on her left hand. During this incident, another student who was in the classroom became agitated and tried to punch the employee. The employee used her left hand to block the punch. Approximately one hour after the first incident occurred the DSP was in the hallway alone with the student who attempted to punch her during the first incident. The student began punching the DSP repeatedly and the employee used her left arm to block the punches from the student. She was injured first in the classroom when attempting to restrain two agitated students. The second injury occurred while she was transporting a student through the hallway. The employee suffered a torn ligament and was placed on restricted work duties for 53 days because of the injury. b. Bancroft NeuroHealth Inc. DBA The Bancroft School - 311 Walton Ave, Mt. Laurel, NJ 08054 - classroom: On February 8, 2022, a Direct Support Professional responded to a "Code Blue" to assist employees restraining a student who was in an agitated state in another classroom. The student punched the DSP in the eye causing the employee to suffer a swollen face and bruise to the right eye. The employee was seen in the emergency room due to having symptoms of a concussion. The employee lost one day away from work because of the injury. c. Bancroft NeuroHealth Inc. - 311 Walton Ave, Mt. Laurel, NJ 08054 - Lindens residential unit 401 located on the school campus: On February 9, 2022, in the residential unit, while preparing a student for school, a Direct Support Professional came to the aid of a coworker that was trying to restrain an agitated student. The student repeatedly punched both employees. One employee suffered a swollen, bruised, and lacerated left hand, and the fingernail fell off a few days later. That employee was placed on restricted work duties for 4 days because of the injury. The other employee involved in the incident did not suffer a recordable injury. d. Bancroft NeuroHealth Inc. DBA The Bancroft School - 311 Walton Ave, Mt. Laurel, NJ 08054 - High School classroom: On March 2, 2022, a Direct Support Professional was tackled by a student. The employee suffered a strain to the right shoulder which restricted movement and caused pain. The employee was placed on restricted duty for 35 days because of the injury. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
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