osha workplace violence citation

U.S. Department of Labor Inspection Number: 108192Occupational Safety and Health Administration Inspection Date(s): 10/26/2011 - 10/26/2011

Issuance Date: 04/26/2012

Citation and Notification of Penalty

Company Name: Lakeview Neurorehab Center Midwest, Inc., dba Lakeview Specialty HospitalInspection Site: 1701 Sharp Road, Waterford, WI 53185

Citation 1 Item 1 Type ofViolation: Serious

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnishemployment and a place of employment which were free from recognized hazards that were causing orlikely to cause death or serious physical harm to employees in that employees were exposed to thehazard ofbeing physically assaulted by clients exhibiting aggressive behavior, causing serious injurieswhile working in the facility including the hospital, school, CBRF and RCC center:

(a) On or about 10/26/2012, at 1701 Sharp Road, Waterford, WI, the employer operated ahospital, special education school, Community Based Residential Facility (CBRF) andResidential Care Center (RCC) for individuals with behavioral disorders. Employees areexposed to workplace violence hazards that are likely to cause death and/or serious physicalharm. The employer had not developed and/or implemented adequate measures to protectits employees from physical assaults such as, but not limited to, being bitten, kicked andpunched.

Among other feasible and acceptable means to abate the hazard of workplace violence at LakeviewNeurorehab Center Midwest, Inc. d.b.a. Lakeview Specialty Hospital include:

(1) Review Lakeview Neurorehabs Workplace Violence Prevention Program for all units andensure the following elements are addressed:

a. A Workplace Violence Policy Statement including responsibilities of all staff and a policy ofzero tolerance for workplace violence which is shared with clients;b. Hazard/Threat/Security assessment including records review, inspection of the worksite, andemployee survey;c. Implementation of workplace controls and prevention strategies, including procedures thatmaximize safety and minimize the likelihood of assaultive behavior;d. Training and education of all staff with a focus on the specifics of Lakeview N eurorehabsprogram;e. Incident reporting and investigation;f. A system for reporting safety concerns internally;g. Periodic review of the program that includes employee input.

Citation and Notification ofPenalty Page 6 of 12 OSHA-2(Rev. 9/93)

u.s. Department of Labor Inspection Number: 108192Occupational Safety and Health Administration Inspection Date(s): 10/26/2011 - 10/26/2011



Company Name: Lakeview Neurorehab Center Midwest, Inc., dba Lakeview Specialty HospitalInspection Site: 1701 Sharp Road, Waterford, W153185

(2) Implement a system for alerting employees to a client's history of violent behavior:

a. Determine the behavioral history ofnew/transferred clients;b. Establish a procedure such as chart tags, log books, or verbal census reports for identifyingclients with a history ofviolent behavior;c. Implement procedures to ensure communication of any incident of workplace violence to anystaff that might come in contact with the client, so that staff who may not have access to theclients daily chart would be aware ofprevious acts of aggression or violence;d. Train all staff to understand this system.

(3) Aunually review and update the facilities Workplace Violence Policies, including the CrisisIntervention Policy and the Personal Safety Emergency Policy, to ensure that procedures are inplace for managing worst-case scenarios in which staff are unable to control or contain anincident, and to ensure that these policies allow staffto impose physical control measures whennecessary to ensure their own safety.

(4) Update facility Incident Reports to include documented supervisor input and follow-up withthe affected employee, and to note review/comments from the Quality Assurance Team.

(5) Conduct new hire and refresher training to ensure affected employees are aware of what theCompany's workplace violence policy is where it can be found and what the expectations are ofthe company for dealing with workplace violence hazards. Training should be conducted in amanner in which employees can easily understand the terminology, and should incorporatehands-on exercises and practice drills to improve staff skill and confidence levels. Trainingshould also include the company policies and requirements for recording and documenting onthe daily chart when a client is exhibiting aggressive or violent behaviors.

(6)Ensure that adequate numbers ofproperly trained security personnel arereadily and immediately available to render assistance in the event of an incident of workplaceviolence, and ensure that security personnel have specialized training to deal with aggressiveand violent behaviors.

Citation and Notification ofPenalty Page 7 of 12 OSHA-2(Rev.9/93)

U.S. Department of Labor Inspection Number: 108192 .Occupational Safety and Health Administration Inspection Date(s): 10/26/2011 - 10/26/2011




(7) Provide staff with a reliable way to rapidly summon assistance when needed, such as anelectronic alarm and/or walkie-talkies or a pendant-type wireless personal emergency assistancealarm.

(8) Develop a written policy for contacting law enforcement in the event of an actual orthreatened violent attack. Communicate this policy to employees.

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date by which Violation must be Abated:Proposed Penalty:

Citation 1 Item 2 Type ofViolation: Serious

06/0812012$7000.00

29 CFR 191O.l47(c)(4)(i): Procedures shall be developed, documented and utilized for the control ofpotentially hazardous energy when employees are engaged in the activities covered by this section.

(a) The company had not developed or implemented procedures specific to the control ofenergy for equipment being serviced or maintained such as air handling units, fire pumps andsprinklers and air compressor units.


Citation and Notification QfPenalty Page 8 of 12

Corrected During Inspection$5000.00

OSHA-2(Rev.9/93)

U.S. Department of Labor Inspection Number: 108192Occupational Safety and Health Administration Inspection Date(s): 10/26/2011 - 10/26/2011

Issnance Date: 04/26/2012



Citation 2 Item 1 Type ofViolation: Other-than-Serious

29 CFR 1904.29(b)(1): A Log of all recordable work-related injuries and illnesses (OSHA Form 300 orequivalent), was not completed in the detail as required by the regulation.

(a) The OSHA 300 log of injuries and illnesses for calendar year 2011 contained recordingerrors such as 1. The entries in column F were incomplete regarding the part of the bodyaffected or medical condition for recordability 2. Entries were made in columns H and I but nodays recorded in columns K and L.

Date by which Violation must be Abated:

Proposed Penalty:


Corrected During Inspection

$.00

29 CFR 1910.147(c)(6)(i): The employer shall conduct a periodic inspection of the energy controlprocedure at least annually to ensure that the procedure and the requirements of this standard are beingfollowed.

(a) The company had not performed an armual evaluation and inspection of the energy controlprogram and procedures to ensure the requirements of the standard are met and adequatelyimplemented.

Date by which Violation must be Abated:

Proposed Penalty:

Citation and Notification ofPenalty Page 9 ofl2

Corrected During Inspection

$.00

OSHA-2(ReY. 9/93)

U.S. Department of Labor Inspection Number: 108192Occupational Safety and Health Administration Inspection Date(s): 10/26/2011 -10/26/2011



Company Name: Lakeview Neurorehab Center Midwest, Inc., dba Lakeview Specialty HospitalInspection Site: 170I Sharp Road, Waterford, Wl 53185


29 CFR 1910.1030(c)(I)(iv): The Exposure Control Plan was not reviewed and updated whennecessary to reflect new or modified tasks and procedures which affect occupational exposure and toreflect new or revised employee positions with occupational exposure:

(a) The company had not perfonned and documented the annual review and update of theexposure control plan since July 2010 to address changes in procedures for dealing withexposure to blood and body fluids.


Corrected During Inspection$.00

'J;L~C~~. =eorge Yoksas~ea Director

Citation and Notification ofPenalty Page 10 of 12 OSHA·2(Rev. 9/93)

U.S. Department of LaborOccupational Safety and Health Administration310 W. Wisconsin Avenue, Room 1180Milwaukee, WI 53203Phone: 414-297-3315 Fax: 414-297-4299

INVOICE/DEBT COLLECTION NOTICE

Company Name:

Inspection Site:Issuance Date:

Lakeview Neurorehab Center Midwest, Inc., dba Lakeview Specialty Hospital

1701 Sharp Road, Waterford, WI 5318504/26/2012

Summary of Penalties for Inspection Number

Citation 1, Serious

Citation 2, Other-than-Serious

TOTAL PROPOSED PENALTIES

108192

$12000.00

$.00

$12000.00

To avoid additional charges, please remit payment promptly to this Area Office for the total amount of theuncontested penalties summarized above. Make your check or money order payable to: "DOL-OSHA". Pleaseindicate OSHA's Inspection Number (indicated above) on the remittance.

OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for lessthan the full amount due, and will cash the check or money order as if these restrictions or conditions do notexist.

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 cannot be completed because of insufficient funds or closedaccount, the bank will attempt to make the transfer up to 2 times.

Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) and regulations ofthe 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.

Citation and Notification of Penalty 11 of 12 OSHA-2(Rev. 9/93)

Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on allpenalty debt amounts not paid within one month (30 calendar days) ofthe 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 fmal order of the OccupationalSafety and Health Review Commission (that is, 15 working days from your receipt of the Citation andNotification ofPenalty), unless you me a notice of contest. Interest charges will be waived if the full amountowed is paid within 30 calendar days of the fmal order.

Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendardays) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remainsdelinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessedaccruing from the date that the debt became delinquent.

Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for therecovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in itsattempt to collect an nopaid debt. Administrative costs will be assessed for demand letters sent in an attempt tocollect the unpaid debt.

0$~lCJt~+George Yoksas

Area Director

Citation and Notification of Penalty 12ofl2

Date

OSHA-2(Rev.9/93)

osha workplace violence citation

Health & Medicine