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Violation Detail
Standard Cited: 19100134 E01 Respiratory Protection.
Inspection Nr: 1587424.015
Citation: 01001A
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $34,183.00
Current Penalty: $47,800.00
Issuance Date: 08/23/2022
Nr Instances: 2
Nr Exposed: 139
Abatement Date: 09/26/2022
Gravity: 1
Report ID: 0134000
Contest Date: 09/20/2022
Final Order: 09/22/2022
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 09/22/2022 | $47,800.00 | 09/26/2022 | Repeat | |
| Penalty | C: Contested | 09/22/2022 | $34,183.00 | 09/26/2022 | Repeat | |
| Penalty | Z: Issued | 08/23/2022 | $34,183.00 | 09/26/2022 | Repeat |
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 employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: Location - 121 Northboro Rd E, Marlborough, MA 01752. On or about 4/4/2022 and ongoing, medical evaluations were not completed for employees prior to the required use of N95 respirators for employee protection while caring for positive and presumptively positive COVID-19 patients. At least three employees and others who provided direct care to COVID-19 positive patients, were not medically evaluated prior to wearing an N95 respirator. Marlborough Hills Rehabilitation was previously cited for a violation of this occupational safety and health standard, 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1474928, Citation 1, Item 1B, and was affirmed a final order on 5/26/2021, with respect to the facility at 121 Northboro Rd E, Marlborough, MA 01752.