Violation Detail
Standard Cited: 19100134 F02 Respiratory Protection.
Inspection Nr: 1594220.015
Citation: 01002
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $22,333.00
Current Penalty: $11,000.00
Issuance Date: 06/14/2022
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 08/24/2023
Gravity: 10
Report ID: 0213900
Contest Date: 06/20/2022
Final Order: 07/24/2023
Related Event Code (REC): P
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 07/24/2023 | $11,000.00 | 08/24/2023 | Repeat | |
Penalty | C: Contested | 09/14/2022 | $22,333.00 | 07/12/2022 | Repeat | |
Penalty | Z: Issued | 06/14/2022 | $22,333.00 | 07/12/2022 | Repeat |
Text For Citation: 01 Item/Group: 002 Hazard:
29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator: 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 fit test to all employees required to wear respirators. The employer required employees, such as, but not limited to, CNAs and LPNs, to wear N95 filtering facepiece respirators to protect against the SARS-CoV-2 virus 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(f)(2), which was contained in OSHA inspection number 1472865, citation number 1, item number 1c 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. 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.