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

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that Business Department employees were working in close proximity to each other and were exposed to SARS-CoV-2, the virus that causes COVID-19: a) Ryan Health Center, Inc. dba Morgan Health Center located at 80 Morgan Avenue, Johnston, RI: On or about September 22, 2020, and continuing thereafter, the employer did not develop and implement timely and effective measures in the Business Department to mitigate the spread of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19). Employees working in the Business Department worked in close proximity to each other in a small office space, including the mail room, rest room, and common walkways that pass through multiple offices, which was not adequately ventilated. Two employees shared a single small room as their office and worked at adjoining desks, less than six feet apart. Employees used a shared conference room, which did not fully permit social distancing of six feet or more, including to eat and drink. The employer did not fully implement administrative controls such as, but not limited to, limiting each office to one occupant, enhanced disinfecting, and engineering controls such as portable high-efficiency particulate air (HEPA) fan/filtration systems and ultraviolet germicidal irradiation (UVGI) to protect against infective respiratory droplets and aerosols and to reduce transmission, thereby exposing adjacent workers to SARS-CoV-2. The employer also did not quarantine employees who had close contact with a co-worker who tested positive for COVID-19. These conditions allowed the spread of COVID-19 within the Business Department and Conference Room. After one employee was confirmed to be infected with COVID-19, two (out of the remaining five) additional employees tested COVID-19 positive, resulting in one employee death.