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

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employees ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: a) Heritage Operating Associates, LLC dba The Grand Rehabilitation and Nursing at Utica located at 1657 Sunset Ave., Utica, NY 13502, on or about January 23, 2021 and thereafter: The employer required the use of N95 filtering facepiece respirators for employees including but not limited to: Licensed Practical Nurses, Registered Nurses, Certified Nursing Assistants, Nursing Management, and Activities and Rehabilitation employees while providing direct care to suspected and confirmed positive COVID-19 residents and did not provide medical evaluations prior to use. b) Heritage Operating Associates, LLC dba The Grand Rehabilitation and Nursing at Utica located at 1657 Sunset Ave., Utica, NY 13502, on or about January 23, 2021 and thereafter: The employer required the use of N95 filtering facepiece respirators for employees, including but not limited to: Housekeeping Aides, Dietary and Maintenance employees while providing indirect care to suspected and confirmed positive COVID-19 residents and did not provide medical evaluations prior to use.