Text For Citation: 01 Item/Group: 001 Hazard:

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: a) Cherry Hill Rehab and Care Center LLC dba Dwellside Care and Rehab, as successor to Avista Healthcare, LLC, 3025 Chapel Avenue, Cherry Hill, NJ 08002: On or about 12/15/21 and thereafter, the employer did not provide a medical evaluation to determine each employee's ability to use a respirator before requiring the use. The employer required employees, such as, but not limited to, CNAs and LPNs, to wear respirators while providing care to suspected and confirmed positive COVID-19 patients. Avista Healthcare dba MIMA Healthcare was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1472865, citation number 1, item number 1b and was affirmed as a final order on 1/7/22, with respect to a workplace located at 3025 Chapel Avenue, Cherry Hill, NJ 08002 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