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Region 1 BOS 2003-028
Feb. 19, 2003
Contact: Ted Fitzgerald
Phone: (617) 565-2074


New and Ongoing Electrical Safety Hazards Bring $82,500 in
Additional Fines to Warsaw, N.Y., Nursing Home

BUFFALO, N.Y. -- A Warsaw, New York, nursing home's failure to correct electrical safety hazards has resulted in an additional $82,500 in proposed fines from the U.S. Labor Department's Occupational Safety and Health Administration.

Manor Oak Life Center - Warsaw, located at 283 North Main St., was first cited by OSHA in July of last year for 26 safety and health violations. At that time, $44,000 in fines were proposed for bloodborne pathogen, lead, electrical, corrosive liquid, gas cylinder and permit required confined space hazards.

OSHA began a followup inspection in August after Manor Oak failed to show that the cited hazards had been corrected. That inspection found that two electrical hazards remained outstanding. Specifically, employees had not been trained in electrical safety related work practices and exposed openings in electrical boxes remained uncovered. As a result, OSHA has proposed an additional $77,500 in fines against Manor Oak for its failure to abate these hazards.

"This employer had ample time to implement effective worker safeguards but did not do so," said Arthur Dube, OSHA's Buffalo area director. "There's no excuse for an employer compounding its initial failure to protect workers by allowing hazardous conditions such as these to continue."

The followup inspection identified two additional electrical hazards involving a lack of safe procedures for de-energizing electrical circuits and equipment and failure to lock and tag out electrical equipment in accordance with OSHA standards. For these items, $5,000 in fines are proposed.

OSHA issues a failure to abate notice when a subsequent inspection shows that an employer failed to correct a violation that has since become final. A serious violation is defined as a condition that exists where there is a substantial possibility that death or serious physical harm can result to an employee.

Manor Oak Life Center - Warsaw has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission.

OSHA's Buffalo area office at 5360 Genesee St., Bowmansville, NY, conducted the investigation. The telephone number is (716) 684-3891. The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For further information, visit www.osha.gov.


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Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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