![OHN1-I EMP, LLC, Dba Sa]em North Healthcare Center 07/13 .](/img/9/osha20201392.jpg)
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U.S. Department of LaborOccupational Safety’ and Health Administration6393 Oak Tree BlvdSuite 203Independence, OH 4413107/13/2020OHN1-I EMP, LLC, dba Sa]em North Healthcare Center250 Continental DriveSalem, OH 44460Dear Employer,Enclosed you will find citations for violations of the Occupational Safety and Health Act of 1970 (the Act) whichmay have accompanying proposed penalties. Also enclosed is a booklet entitled, “Employer Rights andResponsibilities Following a Federal OSFIA Inspection”, (OSHA 3000-04R) revised 2018, which explains yourrights and responsibilities under the Act. If you have any questions about the enclosed citations and penalties, Iwould welcome further discussions in person or by telephone. Please contact me at 216-447-4194.You will note on page 2 of the booklet that, for violations which you do not contest, you must (1) notify thisoffice promptly by letter that you have taken appropriate corrective action within the time set forth on thecitation; and (2) pay any penalties assessed. Please inform me of the abatement steps you have taken and of theirdates together with adequate supporting documentation; e.g., drawings or photographs of corrected conditions,purchase/work orders related to abatement actions, air sampling results. This information will allow us to closethe case.As indicated on page 3 of the booklet, you may request an informal conference with me during the 15-workingday notice of contest period. During such an informal conference you may present any evidence or views whichyou believe would support an adjustment to the citation or the penalty.If you are considering a request for an informal conference to discuss any issues related to this Citation andNotification of Penalty, you must take care to schedule it early enough to allow time to contest afler the informalconference, should you decide to do so. Please keep in mind that a written letter of intent to contest must besubmitted to the Area Director within 15 working days of your receipt of the citation. The running of this contestperiod is not interrupted by an informal conference.If you decide to request an informal conference, please complete the attached notice at the bottom of this letterand post it next to the Citations as soon as the time, date and the place of the informal conference have beendetermined. Be sure to bring to the conference with you any and all supporting documentation of existingconditions as well as of any abatement steps taken thus far. If conditions warrant, we can enter into an informalsettlement agreement which amicably resolves this matter without litigation or contest.
You should be aware that OSHA publishes information on its inspection and citation activity on the Internetunder the provisions of Electronic Freedom of Infornmtion Act. The infommtion related to these allegedviolations will be posted when our system indicates that you have received this citation. You are encouraged toreview the information concerning your establishment at www.osha.gov. If you have any dispute with theaccuracy of the information displayed, please contact this office.Area DirectorEnclosures
U.S. Department of LaborOccupational Safety and Health Administration6393 Oak Tree BlvdSuite 203Independence, OH 44131Citation and Notification of PenaltyTo:OHNH EMP, LLC, dba Salem North HealthcareCenterand its successors250 Continental DriveSalem, 01-1 44460Inspection Number: 1475615Inspection Date(s): 05/18/2020 06/01/2020Issuance Date: 07/13/2020Inspeclion Site:250 Continental DriveSalem, OH 44460The violation(s) described in this Citation andNo4,fication ofPenalty is (are) alleged to haveoccurred on or about the day(s) the inspection wasmade unless otherwLce indicated within the descriptiongiven below-This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety andHealth Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate theviolations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 workingdays (excluding weekends and Federal holidays) from your receipt of this Citation and Notification of Penaltyyou either call to schedule an informal conference (see paragraph below) or you mail a notice of contest tothe U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet(OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with thisform. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless thereis a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the ReviewCommission or a court.Posting The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a-prominent place at or near the location of the violation(s) cited herein, or, if it is not practicable because of thenature of the employers operations, where it will he readily observable by all affected employees. This Citationmust remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excludingweekends and Federal holidays), whichever is longer.Informal Conference An informal conference is not required. However, if you wish to have such aconference you may request one with the Area Director during the 15 working day contest period by calLing 216447-4194. During such an informal conference you may present any evidence or views which you believe would-Ciiaiion and NotificaUon of PenallyPage I of9OSHA-2
support an adjustment to the citation(s) and/or penalty(iesLIf you are considering a request for an informal conference to discuss any issues related to this Citation andNotification of Penalty, you must take care to schedule it early enough to allow time to contest after the informalconference, should you decide to do so. Please keep in mind that a written letter of intent to contest must besubmitted to the Area Director within 15 working days of your receipt of this Citation. The running of thiscontest period is not interrupted by an informal conference.If you decide to request an infonnal conference, please complete, remove and post the Notice to Employees nextto this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference havebeen determined. Be sure to bring to the conference any and all supporting documentation of existing conditionsas well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlementagreement which amicably resolves this matter without litigation or contest.Right to Contest You have the right to contest this Citation and Notification of Penalty. You may contestall citation items or only individual items. You may also contest proposed penalties and/or abatement dateswithout contesting the underlying violations. Unless you inform the Area Director in writing that you intendto contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s)and the proposed penalty(ies) will become a final order of the Occupational Safety and Health ReviewCommission and may not be reviewed by any court or agency.—Penalty Payment Penalties are due within 15 working days of receipt of this notification unless contested.(See the enclosed booklet and the additional infonnation provided related to the Debt Collection Act of 1982.)Make your check or money order payable to “DOL-OSHA”. Please indicate the Inspection Number on theremittance. You can also make your payment electronically on www.pay. iov. On the left side of the pay.govhomepage, you will see an option to Search Public Forms. Type “OSHA’ and click Go. From the results, clickon OSHA Penalty Payment Form. The direct link is:—https:’7www.pavgov 34.You will be required to enter your inspection number when making the payment. Payments can be made bycredit card or Automated Cleanng House (ACH) using your banking infomrntion. Payments of 25,000 or morerequire a Transaction ID, and also must be paid using ACI-l. If you require a Transaction ID, please contact theOSHA Debt Collection Team at (202) 693-2170.OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, orelectronic payment for less than the hill amount due, and will process the payments as if these restrictions orconditions do not exist.Notification of Corrective Action For each violation which you do not contest, you must provide—abatement cerrfication to the Area Director of the OSI-IA office issuing the citation and identified above. Thisabatement certification is to be provided by letter within 10 calendar days after each abatement date. Abatementcertification includes the date and method of abatement. If the citation indicates that the violation was correctedduring the inspection, no abatement certification is required for that item. The abatement certification letter mustbe posted at the location where the violation appeared and the corrective action took place or employees mustotherwise be effectively informed about abatement activities. A sample abatement certification letter is enclosedwith this Citation. In addition, where the citation indicates that abatement documentation is necessary, evidenceof the purchase or repair of equipment. photographs or video, receipts, training records, etc., veri’ing thatabatement has occurred is required to be provided to the Area Director.Citamion and Notification of PenallyPage 2 of 9OSHA-2
Employer Discrimination Unlawful The law prohibits discrimination by an employer against an—employee for filing a complaint or for exercising any rights under this Act. An employee who believes thathe/she has been discriminated against may file a complaint no later than 30 days after the discriminationoccurred with the US. Department of Labor Area Office at the address shown above.Employer Rights and ResponsibilitiesThe enclosed booklet (OSHA 3000) outlines additionalemployer rights and responsibilities and should be read in conjunction with this notification.—Notice to Employees The law gives an employee or his/her representative the opportunity to object to any—abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed tothe U.S. Department of Labor Area Office at the address shown above and postmarked within 15 working days(excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification ofPenalty.Inspection Activity Data You should be aware that OSHA publishes information on its inspection andcitation activity on the Internet under the provisions of the Electronic Freedom of Information Act. Theinformation related to these alleged violations will he posted when our system indicates that you have receivedthis citation. You aic encouraged to review the information concerning your establishment at www.osha.gov. Ifyou have any dispute with the accuracy of the information displayed, please contact this office.—ciiation and Notification ofPenaltyPage 3 of 9OSI-IA-2
U.S. Department of LaborOccupational Safety and Health AdministrationNOTICE TO EMPLOYEES OF INFORMAL CONFERENCEAn infona1 conference has been scheduled with OSHA to discuss the citation(s) issued on07/13/2020. The conference will be held by telephone or at the OSHA office located at 6393Oak Tree Blvd, Suite 203, Independence, OH 44131 on-.atEmployees and/or representatives of employees have a right to attend aninfonnal conference.Ciladon and Notification of PenaltyPage 4 of 9OSFJA-2
CERTIFICATION OF CORRECTIVE ACTION WORKSHEETInspection Number: 1475615Company Name: OHNI-I EMP, LLC, dba Salem North Flealthcare CenterInspection Site: 250 Continental Drive, Salem, OH 44460Issuance Date: 07/13/2020List the specific method of correction for each item on this citation in this package that does not read “CorrectedDuring Inspection” and return to: U.S. Department of Labor—Occupational Safety and HealthAdministration, 6393 Oak Tree BIvd, Suite 203, Independence, 01144131Citation Numberand Item NumberBy (Method of Abatement):was corrected onCitation Numberand Item NumberBy (Method of Abatement):was corrected onCitation Numberand Item NumberBy (Method of Abatement):was corrected onCitation Numberand Item NumberBy (Method of Abatement):was corrected onCitation Numberand Item NumberBy (Method of Abatement):was corrected onCitation Numberand Item NumberBy (Method of Abatement):was corrected oncertify that the information contained in this document is accurate and that the affected employees and theirrepresentatives have been informed of the abatement.SignatureDateTyped or Printed NameTitleNOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certification in any application, record, plan orother documents filed or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more thanS 10,000 or by imprisonment of not more than 6 months or both.POSTING: A copy of completed ColTective Action Worksheet should he posted for employee reviewCitation and Notification of PenaltyPage 5 of 9OSHA-2
Inspection Number: 1475615Occupalional Safely and Health Administration Inspection Date(s): 05/18/2020 06/01/2020Issuance Date: 07/13/2020U.S. Department of Labor-Citation and Notification of PenaltyCompany Name: OHNH EMP. LLC. dba Salem North Healthcare CenterInspection Site: 250 Continental Drive, Salem, OH 44460The alleged violations below have been grouped because they involve similar or related hazards thatmay increase the potential for injury or illness.Citation 1 Item 1 a Type of Violation:Serious29 CFR 1910.1 34(c)( 1): A written respiratory protection program that included the provisions in 29;(‘FR 19l0.l34(c)(l)(i) (ix) with worksite specific procedures was not established and implementedfor required respirator use:-On or about March 17. 2020, where the use of respiratory protection including, but not limited to 8611N95 Respirators and AlphaProTech 695 N-95 Respirators was necessary for employees whenadministering any respiratory treatment which may result in aerosolization of viral particles including,but not limited to tracheostomy care and application or adjustment of oxygen masks, the facility’s N95Policy did not meet the requirements of a written respiratory protection program in that:a. The policy does not include provisions for medical evaluations. 1910.1 34(c)( I )(ii)b. The policy does not include provisions for fit testing. 1910.l34(c)(l)(iii)c. The policy does not include procedures for cleaning, disinfecting, storing, inspecting,repairing, discarding, and otherwise maintaining respirators. l9lO.134(c)(l)(v)d. The policy does not outline procedures for training employees in the proper use ofrespirators, including putting on and removing them, any limitations on their use, and theirmaintenance. 1910.134(c)(I)(viii)Date By Which Violation Must be Abated:Proposed Penalty:Corrected During Inspection 13494.00See pages I through 4 of this Citation and Notification of Penalty ror information on employer and employee rights and responsibilities.Citation and Notification of PenallyPage 6 of9OSHA-2
Inspection Number: 1475615U.S. Department of[4abor05/18/2020 06/01/2020Occupational Safety and Health Administration Inspection Date(s):Q7Issuance Date:13/2020-Citation and Notification of PenaltyCompany Name: OHNH EMP, LLC. dba Salem North 1-lealthcare CenterInspection Site: 250 Continental Drive, Salem, OH 44460Citation 1 Item 1 b Type of Violation:Serious29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine theemployees ability to use a respirator, before the employee was fit tested or required to use therespirator in the workplace:On or about March 17, 2020, where the use of respiratory protection including, but not limited to 8611N95 Respirators and AiphaProTech 695 N-95 Respirators was necessary for employees whenadministering any respiratory treatment which may result in aerosolization of viral particles including,but not limited to tracheostomy care and application or adjustment of oxygen masks, the employer didnot ensure that medical evaluations were conducted prior to providing respirators for use.ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEMDate By Which Violation Must be Abated:07/31/2020Howard B EbertsArea DirectorSee pages I through 4 of this Cilalion and Notification of Penalty for mfonnation on employerand employee rights and responsibilities.Citation and Notification of PenaltyPage? of 9OSHA-2
U.S. Department of LaborOccupational Safely and Health Administration6393 Oak Tree BlvdSuite 203Independence. OH 44131NVOICE /DEBT COLLECTION NOTICECompany Name:Inspection Site:Issuance Date:OI-{NH EMP, LLC, dba Salem North Healthcare Center250 Continental Drive, Salem, 0114446007113/2020Summary of Penalties for Inspection Number1475615Citation 1, SeriousS13494.00TOTAL PROPOSED PENALTIESS13494.00To avoid additional charges, please remit payment promptly to this Area Office for the total amount of theuncontested penalties sunmiarized above. Make your check or money order payable to: ‘DOL-OSHA”. Pleaseindicate OSHA’s Inspection Number (indicated above) on the remittance. You can also make your paymentelectronically on www.pav.tzov. On the left side of the pay.gov homepage, you will see an option to SearchPublic Forms. Type “051-IA” and click Go. From the results, click on OSHA Penalty Payment Form. Thedirect link is l?agencyFormld53090334. You willbe required to enter your inspection number when making the payment. Payments can be made by credit card orAutomated Clearing House (ACH) using your banking information. Payments of 525.000 or more require aTransaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHADebt Collection Team at (202) 693-2170.OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, orelectronic payment for less than the flail amount due, and will cash the check or money order as if theserestrictions or conditions do not exist.If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that ourbank will copy your check and use the account information on it to electronically debit your account for theamount of the check. The debit from your account will then usually occur within 24 hours and will be shown onyour regular account statement. You will not receive your original check back. The bank will destroy youroriginal check, but will keep a copy of it. If the EFT carmot be completed because of insufficient funds or closedaccount, the bank will attempt to make the transfer up to 2 times.Citation and Notification of PenaltyPage 8 of 9OSHA-2
Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) arid regulations of the U.S. Department ofLabor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest,delinquent charges. and administrative costs for the collection of delinquent penalty debts for violations of theOccupational Safety and Health Act.Interest: Interest charges will be assessed at an aimtial rate detennined by the Secretary of the Treasury on allpenalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amountbecomes due and payable (penalty due date). The current interest rate is one percent (1%). Interest will accruefrom the date on which the penalty amounts (as proposed or adjusted) become a final order of the OccupationalSafety and Health Review Commission (that is, 15 working days from your receipt of the Citation andNotification of Penalty), unless you file a
require a Transaction ID, and also must be paid using ACI-l. Ifyou require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170. OSHA does not agree to any restrictions or con
