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Violation Detail

Standard Cited: 19100134 E01 Respiratory Protection.

Inspection Nr: 1584752.015

Citation: 02001

Citation Type: Repeat

Abatement Status: Abatement Completed

Initial Penalty: $12,306.00

Current Penalty: $7,300.00

Issuance Date: 08/09/2022

Nr Instances: 1

Nr Exposed: 7

Abatement Date: 09/26/2022

Gravity: 1

Report ID: 0134000

Contest Date:

Final Order: 09/01/2022

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 09/01/2022 $7,300.00 09/26/2022 Repeat  
Penalty Z: Issued 08/09/2022 $12,306.00 09/26/2022 Repeat  

Text For Citation: 02 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: Location - 254 Billerica Road, Chelmsford, MA. On or about 3/21/2022 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. Sunny Acres 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 1500279, Citation 1, Item 1B, and was affirmed a final order on 4/27/2021, with respect to the facility at 254 Billerica Road, Chelmsford, MA.

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