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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:


Penalty and Failure to Abate Event History
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.

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