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Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 957758.015 Citation: 01001 Issuance: 08/07/2014 ReportingID: 0215000

Viol Type:Willful NrInstances:10 Contest Date:08/27/2014
Abatement Date:09/06/2014 2 Nr Exposed:1232 Final Order:09/09/2015
Initial Penalty: $70,000.00 REC:C Emphasis:
Current Penalty: $37,000.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 08/07/2014 $70,000.00 09/06/2014 Willful  
Penalty :   08/27/2014 $70,000.00 09/06/2014 Willful  
Penalty F: Formal Settlement 09/09/2015 $37,000.00 09/06/2014 Willful  

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 was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard of workplace violence. LOCATION: Rikers Island Correctional Facility, throughout facility. a). At Rikers Island, employees who provide medical, dental, and psychiatric care to inmates within health care clinics and on housing units were exposed to physical assaults and threats. During routine interactions with inmates, employees were exposed to numerous incidents of violent behavior by inmates which have resulted in injuries to the head, eyes, face, hands, legs, and body from hits, kicks, punches, as well as exposure to bloodborne pathogens from human bodily fluids being thrown at them. Specifically: (a) On or about February 11, 2014, while walking from the housing unit of the George R. Vierno Center (GRVC) to her office in the same center, a Corizon Health, Inc. mental health clinician was splashed about the head and neck with an unknown liquid substance thrown by an inmate. (b) On or about March 3, 2014, while treating an inmate inside the Rose M. Singer Center (RMSC), a Corizon Health, Inc. mental health clinician was threatened with physical harm by another inmate if the clinician did not prescribe medication the inmate did not need. (c) On or about March 22, 2014, a Corizon Health, Inc. mental health clinician was treating a patient in close proximity of her escort, a New York City correctional officer, when he was physically assaulted by an inmate of the GRVC. (d) On or about April 15, 2014, while treating an inmate at the Anna M. Kross Center (AMKC) clinic, a Corizon Health, Inc. employee was assaulted and knocked unconscious from a punch to the face. (e) On or about April 27, 2014, while treating a patient a Corizon Health, Inc. doctor was punched in the face by an inmate of the Eric M. Taylor Center (EMTC). (f) On or about May 1, 2014, the titles of certain Corizon employees were included in a "Hit List" of staff who were targeted for assault by inmates, and this list was circulated among the housing units. (g) On or about May 7, 2014, after treating a patient, a Corizon Health, Inc. mental health clinician was locked into a cell inside the AMKC housing unit and threatened with physical harm by an inmate. A crisis intervention team was required to get her out. (h) On or about May 14, 2014, while being escorted out of the housing unit, a Corizon Health, Inc. mental health clinician was in close proximity to a correctional officer who was attacked and assaulted by two inmates inside the AMKC. Among other methods, feasible and acceptable means to abate workplace violence at Rikers Island Correctional Facility include: Develop and implement an adequate stand-alone, written Workplace Violence Prevention Program for the entire Corizon Health, Inc. staff that includes, but is not limited to, the following elements: (1) Administrative Controls: -Conduct and evaluate job-site hazard assessment including records review, conduct workplace violence incidents analysis, assess the worksite conditions and layout, and develop procedures to implement enhancements and improvements as part of the hazard assessment. -Evaluate workplace controls and implement new policies and procedures to reduce violence in the workplace. -Assess management of the facility, prison routines, incentives and disincentives for inmates, physical constants, surveillance, and staff/security deployment. -Periodically assess staffing when number and security levels of inmates change and when treatment, examination and counseling requirements increase. Pursuant to contract discussions with the NYC DOHMH, include assessments of the minimum number of correctional officers required to provide security to Corizon Health, Inc. employees when medical, dental and psychiatric services are NYC DOHMH provided in clinics and in individual housing units. -Develop adequate communication and emergency notification systems to alert correctional officers of potential, perceived and/or actual workplace violence. -Ensure all employees have an appropriate communication method and means to contact the security/correctional officers. -Conduct and complete incident reviews to track and trend for implementation of improvements in the program. (2) Engineering Controls: -Ensure panic alarm system is installed and/or repaired in all facility buildings. The Panic Alarms System should be installed in all treatment, examining and counseling areas. -Ensure Plexiglas or other types of barriers are installed, where practical, in all treatment, examination and counseling areas. -Ensure cuff bars are installed in areas where inmates wait or are being examined, where practical. -Implement a computer system to identify and alert employees of potential violent inmates, and ensure proper procedures and precautions are in place prior to the inmate being examined, treated or counseled. -Ensure that Corizon Health, Inc., employees do not provide medical, dental and psychiatric services in clinics and in individual housing units without adequate correctional officer security provided by NYC DOHMH. In particular, ensure correctional officer/security escorts are dedicated to Corizon Health, Inc. employees within the housing units and when treating, examining or counseling high risk inmates. -Reduce wait times and inmate frustration levels by coordinating and adjusting scheduling for inmates receiving medical, dental and psychiatric services. -Ensure the treatment areas are configured in a way that maximizes the ability of an employee to escape in the event of workplace violence, including considerations such as number of exit routes and arrangement of furniture. (3) Personal protective equipment: - Provide personal alarm systems for all staff exposed to inmate contact. (4) Employee Training -Train all staff members on the safety and security procedures and the workplace violence prevention program. -Conduct training specific to the prevention of workplace violence, including conflict resolution training for all employees. Provide training upon hiring and refresher training periodically to all employees. -Develop a stress management program for the facility and provide counseling to employees for stress and anxiety. -Develop and implement training to educate employees how to recognize the signs of potential violent persons and how to prevent/minimalize the risk of assault. -Develop Post-Incident Procedures and Services to provide comprehensive treatment for employees who may be traumatized by witnessing or being involved in a workplace violence incident.

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