Ohio Nursing Homes Cited for Failing to Protect Employees from Coronavirus

The U.S. Department of Labor (USDOL) recently cited a healthcare company that operates multiple nursing homes in Ohio for violating respiratory protection standards. The citations were issued after seven employees were hospitalized with the Coronavirus.

The Occupational Safety and Health Administration (OSHA) inspected three of the organizations’ nursing homes, and each of them was cited for a serious violation of these two respiratory protection standards: failing to develop a comprehensive written respiratory protection program and failing to provide medical evaluations to determine employees’ ability to use a respirator in the workplace. A Hazard Alert Letter was also issued regarding the company’s practice of allowing N95 respirator use for up to seven days without conducting initial fit testing. The agency has proposed penalties of $40,482.

OSHA’s Cleveland Area Office Director commented about the citations saying, “OSHA’s investigation found that, although the company was making efforts to protect its employees from the coronavirus, it had not fully implemented an appropriate respiratory protection program. Employers are and will continue to be responsible for providing a workplace free of serious recognized hazards. In issuing this citation, OSHA relied on one of its preexisting standards that protect workers from the coronavirus.”

Compliance Perspective

Failure by a nursing home during the COVID-19 crisis to assess the hazards to which its workers may be exposed, evaluate the risk of exposure, and ensure proper use of personal protective equipment (PPE) that includes gloves, gowns, eye/face protection, and NIOSH-certified, disposable N95 filter facepiece respirators or a similar product may result in OSHA citations and penalties.

Discussion Points:

• Review policies and procedures to ensure that OSHA guidelines for protecting employees are implemented and being followed. https://www.osha.gov/SLTC/covid-19/healthcare-workers.html
• Train employees to ensure their correct use of respiratory protection and that usage meets the requirements of OSHA’s Respiratory Protection Standard (29 CFR 1910.134) and includes medical exams, fit testing, and training. https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.134
• Periodically audit to ensure that employees have access to proper PPE and are trained in how to use it.