A skilled nursing facility in California has been fined almost $60,000 from Cal/OSHA for not properly protecting its workers from COVID-19 during the pandemic. The facility was issued five citations, four of which were categorized as “serious” and one as “regulatory.” The violations occurred during inspections between June 30, 2020 and January 13, 2021.
The violations include:
- Failure to implement and maintain effective procedures to reduce the risk of transmission of aerosol transmissible diseases, specifically exposure to SARS-COV-2, the virus that causes COVID-19.
- Failure to immediately report to Cal/OSHA that one of its employees suffered a serious illness and was hospitalized with COVID-19 for about seven days in May 2020.
- Eight instances in which the facility did not properly determine which employees had significant exposure to COVID-19 cases, and failed to notify employees with significant exposures in a reasonable time frame.
- Failure to properly train employees, or give a general explanation of the virus, including its transmission, nor were the employees trained on the facility’s control measures and appropriate respiratory protection to prevent spread of the virus.
A spokesperson for the nursing facility said that the citations contain “untrue allegations”, and the facility is appealing all of the citations. The spokesperson further explained that every aspect of the citations is disputed, and that the facility continues to provide a safe workplace, exceptional care for the residents, and works to remain compliant with all safety rules.
The penalty for the violations totaled $59,000, which is a larger amount than any issued to four other skilled nursing facilities also recently fined by Cal/OSHA.
Issue:
OSHA requires compliance with their guidelines and regulations by each facility to ensure that all healthcare staff work in a safe environment. Failure by a facility to follow OSHA guidelines and regulations may result in citations and financial and other penalties.
Discussion:
- Review policies and procedures to ensure that OSHA’s regulations are incorporated into protocols related to COVID-19. Review your policy and procedure for OSHA recordkeeping and reporting an injury, illness, or fatality to OSHA.
- Train all staff on policies related to COVID-19. Train appropriate staff on policies and procedures for OSHA recordkeeping and reporting an injury, illness, or fatality to OSHA. Ensure that all staff are educated about their responsibility to report work-related injuries or illnesses immediately to their supervisor and to human resource personnel for inclusion in OSHA logs as required.
- Periodically audit to ensure that policies and procedures related to COVID-19 are being followed. In addition, periodically audit to ensure that all OSHA recording forms are accurate and up-to-date, and that all injuries, illnesses, and any fatalities have been reported to OSHA within required timeframes. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual, Chapter 11 Infection Prevention and Control, Policy IC 1.0 E.
