Corizon OSHA Violation, 08-07, US DOL, 2014
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U.S. Department of Labor Occupational Safety and Health Administration 201 Varick Street -ttotm1-908 ···-·------ --····-··-· - ····· New York, NY 10014 Phone: 212-620-3200 Fax: 212-620-4121 ~' {..--~-:····7~-cit~tioiand.Notif;c·~t£on·ot11e~&1ey . . . . ·., . <· ,'' .. ·. ·: .. '· . To: Corizon Health Inc., Correctional Medical Associates of NY, Con·ectional Dental Associates of NY, Valitas Health Services Inc. and its successors 49-04 19th Avenue Astoria, NY 111 05 Inspection Number: 957758 Inspection Date(s): 02/07/2014-07/09/2014 lsSUIIllce Date: 08/07/2014 Inspection Site: 15-00 Hazen StTeet Bast Elmhurst, NY 11370 Attn: Susan Schranze Chief Operations Official, Rikers Island ···--------·-----····---------···--- -·---------------- This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations, You must abEJte the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Fedet·al holidays) from your receipt of this Citation and Notification of Penalty you either call to schedule an inf'onnnl conference (see p11ragrapb below) Ol' you mail a notice of contest to the U.S. Depmiment 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 col\iunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occur1·ed unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission 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 OJ' near the location of the violation(s) cited herein, or, if it is not pmcticable because of the natUI1l of the employer'swerations, where .it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer, Informal Conference- An infonnal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period, During such an informal conference you may present any evidence or views which you believe would support an adjustment Citation rmd Notlf1cntion ofPenttlty Pngc 1 of 13 OSHA-2 to the citation(s) and/oqrenalty(ies). If you are considering a request for an infonnal conference to discuss any Issues related to this Citation and _]'j_otification of Penalty, you must take care, to s~.l:!~~-lJ.!~..it, ea~ly_~n.Q.u.gl) .!9_\I.V!/Y' ~.J.!n,e.!Q.£On!~St!lfi!erJ!:l!<.informn 1 coliference, shbuld you decide to do so. Please keep m mmd that a written letter of mtent to cont<lst must be submitted to the Area Director within 15 working days of your receipt ofthis Citation. The running of this contest period is not interrupted by an informal confe1·ence, If you decide to request an informal conference, please complete, remove and post the Notice to Employees next to this Citation and Notification ofPenalty as soon as the time, date, and place of the informal conference have been detennined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an infbrmttl settlement agreement 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 contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless yon inform the Area Director in writing that yon intend to contest the citation(s) and/or proposed penalty(iesl within 15 WOi'king days afte•• receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be •·eviewcd 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 information provided related to tho Debt Collection Act of 1982,) Make your check o1· money order payable to "DOL"OSHA". Please indicate the Inspection Number on the remittance. Yo11 can also make your payment electronically on www.pay.gov. On the left side of the pny.gov homepage1.you-will-see an option to .Search Public·Forms. 'T)rpe"OSHA" and click Go. From the results, click un OSHA Penalty Payment Form. The direct link is: h!!P.?.;ilwww.pax.govfu.E!}'g;QY./forms/fo,rmlnstance.html?agencxFormid~53090334. You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using ym1r banking infonnation, Payments of $50,000 or more require a Transaction TO, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will process the payments us if these restrictions or conditions do not exist. Notification of Corrective Action- For each violation which you do not contest, you must provide abatement certification to the Area Director ofthe OSHA office issuing the citation and identified above. This abatement certifiCtltion is to be provided by letter within 10 calendar days after each abatement date. Abatement certification includes the date and method of abatement. If the citation indicates that the violation was corrected during the inspection, no abatement ceitification is required fot• that item. The abatement certification letter must be posted at the location where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement activities. A sample abatement certification let1er is enclosed with this Citation. In addition, where the citation indicates that abatement doc11mentatlo11 is necessary, evidence ofthc purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that abatement has occurred is required to be provided to the Area DiJ·ector. Citntion nnd Notifiontion of Penr.lty OSHA·2 Employer Discrimination Unlawful- The law prohibits discrimination by an employer egainst an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occu.rfl)d_.with the_U.S. Depm:tmentofL&bor.Ar.ea Offic~ at the_address shown.llb_ove, . Employer Rights and Responsibilities- The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees- The Jaw 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 to the 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 of Penalty. Inspection Activity Data- You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom oflnformation Act. The information related to these alleged violations will be posted when our system indicates that you have received this citation. You are encouraged to review the information concerning your establlshment at www.osha.gov. If you have any dispute with the accuracy of the information displayed, please contact this office. Citation nnd Notificntion of Penalty Page 3 of 13 OSHA-l U.S. Department ofLabor Occupational Safety and Health Administration NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with OSHA to discuss the citation(s) issued on 08/07/2014. The conference will be held by telephone or at the OSHA office located at 201 Varick Street, Room 908, New York, NY 10014 on _ _ _ _ _ _ _ at ~~~~----· Employees and/or representatives of employees havl:l a right to attend an informal conference. Cltation and Notificn1ion ofl>enalty Pago4 of 13 OSHA-2 CERTfFICATION OF CORRECTIVE ACTION WORKSHEET ·campanyNameiC6iiionTieahh ·rnc:, Correctional Medlcaf Associates NY, Valitas Health Services, Inc. Inspection Site: 15-00 Hazen Street, East Elmhurst, NY 11370 Issuance Date: 08/07/2014 ol'NV;corr~~~~~~~~~}~:;;~i~~:;~~ List the specific method of correction for each item on this citation in this package that does not ~"ead "Corrected During Inspection" and return to: U.S. Department of Labor- Occupational Safety and Health Administration, 201 Varicl< Street, Room 908, New York, NY 10014 Citation Number_ and Item Number was corrected o n - - - - - - - - - - - - - - - By (Method of Abatement):-------------Citation Number and Item Number was corrected o n - - - - - - - - - - - - - - - - By (Method of A b a t e m e n t ) : - - - - - - - - - - - - - - - - - - - - - - - - - Citation Numbet· _ _ and Item Number was corrected o n - - - - - - - - - - - - - - By (Method of A b a t e m e n t ) : - - - - - - - - - - - - - - - - - - - - - - - Citation Number and Item Number By ·(Metnoa ofi\EatemeiilY:_·____ was corrected o n - - - - - - - - - - - - - - - Citation Number ______ and Item Number was corrected o n - - - - - - - - - - - - By (Method of Abatement):---·--------- _ _ _ __ Citation Number and Item Number was corrected on By (Method of Abat;;ment): __ -I certify that the information contained in this document is accurate and that the affected employees and theiJ· representatives have been informed of the abatement. Signature Date Typed or Printed Name Title NOTE: 29 USC 666(g) whocvm· knowingly makes any false statements, representation or certification in any applicntion, record, plon or other documents flied or require-d to be maintained pursuant to the Act shall, upon conviction, be punished by R fine of not more th 11 n $10,000 Ol' by imprisonment of not mo!'e tlum 6 months or both. POS'l'ING: A copy of completed Co:·rective Action Worksheet should be posted for employee review Cltutionand Notificntion of Penalty Page 5 of t3 OSHA-4 U.S. Department of Labor Inspection Nnmber: 957758 Occupational Safety and Health Administration Inspection Date(s): 02/0712014-07/09/2014 Issuance Date: 08/07/2014 Citation and Notification of Penalty Company Name: Corizon Health Inc., Correctional Medical Associates of NY, Correctional Dental Associates of NY, Valitas Health Services, Inc. Inspection Site: 15-00 Hazen Street, East Elmhurst, NY 113 70 ~itation 1 ItemJ_ Type ofVio1ation; Willful OSH ACT of 1970 Section 5(a)(l ): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard of workplace violence. LOCATION: Rikers Island Correctional Facility, throughout facility. a). At Rikers Island, employees who provide medical, dental, and psychiatric care to inmates within health car,e clinics and on-housing units were exposed to physical assaults and threats. During routine interactions with inmates, employees were exposed to numerous incidents of violent behavior by imnates which have resulted in injuries to the head, eyes, face, hands, legs, and body frorn hits, kicks punches, as well as exposure to bloodborne pathogens from hmnan bodily fluids being thrown at the~. Specifically; (a) On or about Febmary 11,2014, while walking from the housing unit ofthe George R. Vierno Center (GRVC) to her office in the same center, a Corizon Health, Inc. mental health clinician was splashed about the head and neck with an unlmown liquid substance thrown by an irunate. (b) On or about March 3, 2014, while treating an inmate inside the Rose M. Singer Center (RMSC), a Corizon Health, Inc. mental health clinician was threatened with physical harm by another inmate if the clinician did not prescribe medication the inmate did not need. (c) On or about March 22,2014, a Corizon Health, Inc, mental health clinician was treating a patient in close proximity of her escort, a New York City Correctional Officer, when he was physically assaulted by an inmate of the GRVC. (d) On or about April 15, 2014, while treating an inmate at the Anna M. Kross Center (AMI<C) clinic, n Corizon Health, Inc. employee was assaulted and knocked unconscious from a punch to the face. (e) On or aboutApri127, 2014, while treating a patient u Corizon Health, bJC. doctor was punched in Sec pages 1 through 4 of this Citation tmd NotifieEttion of Penalty fbr lnfonmHiml on employer Hlld employee rights ond responsibilities. Citntion nnd Notification ofPettn\ly Pogo 6 of 13 OSHA-l Citation and Notification of Penalty Company Name: Corizon Health Inc., Correctional Medical Associates ofNY, Correctional Dental Associates of NY, Valitas Health Services, Inc. Inspection Site: 15·00 Hazen Street, East Elmhurst, NY 11370 the face by an inmate of the Eric M. Taylor Center (EMTC). (f) On or about May I, 2014, the titles of certain Corizon employees were included in a "Hit List" of staff who were targeted for assault by inmates, and this list was circulated among the housing units. (g) On or about May 7, 2014, after treating a patient, a Corizon Health, Inc. mental health clinician was locked into a cell inside the AMKC housing unit and threatened with physical harm by an inmate. A crisis intervention team was required to get her out. (h) On or about May 14,2014, while being escorted out of the housing unit, a Corizon Health, Inc. mental health clinician was in close proximity to a correctional officer who was attacked and assaulted by two h1riuiks insTde the AMKC: Among other methods, feasible and acceptable means to abate workplace violence at Rikers Island Correctional Facility include: Develop and implement an adequate stand-alone, written Workplace Violence Prevention Program for the entire Corizon Health, Inc. staff that includes, but is not limited to, the following elements: (1) Administrative Controls: -Conduct and evaluate job-site hazard assessment including records review, conduct workplace violence incidents analysis, assess the worksite conditions and layout, and develop procedures to implement enhancements and improvements as part of the hazard assessment. -Evaluate workplace controls and implement new policies and procedures to reduce violence in the workplace. ·Assess management of the facility, prison routines, incentives and disincentives for inmates, physical constants, surveillance, and staff/security deployment. Seo pnges t through 4 ofthi.o; Citnlion and Notification ofPcnnlty for information on employer Jllld employee riBhts nnd responsibilities. Citation IU\d Notlflcnt!on of Penalty Pnge 7 of 13 U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty Company Name: Corizon Health Inc., Conectional Medical Associates of NY, Conectional Dental Associates ofNY, Valitas Health Services, Inc, Inspection Site: 15-00 Hazen Street, East Elmhurst, NY 11370 -Periodically assess staffing when number and security levels of irunates change and when treatment examination and counseling requirements increase. Pursuant to contract discussions with the NYC ' DOHMH, include assessments of the minimum number of correctional officers required to provide security to Corizon Health, Inc. employees when medical, dental and psychiatric services are NYC DOHMH provided in clinics and in individual housing units. -Develop adequate communication and emergency notification systems to alert correctional o-fficers of potential, perceived and/or actual workplace violence. -Ensure all employees have an appropriate communication method and means to contact the security/conectional officers. -Conduct and complete incident reviews to track and trend for implementation ofimprovements in the program. (2) Engineering Controls: -Ensure panic alarm system is installed and/or repaired in all facility buildings. The Panic Alarms System should be installed in all treatment, examining and counseling areas. -Ensure Plexiglas or other types of barriers are installed, where practical, in all treatment, examination and counseling areas. -Ensure cuff bars are installed in areas where inmates wait or are being examined, where practical. -Implement a computer system to identify and alert employees of potential violent inmates, and ensure proper pl'Ocedures and precautions m·e in place prior to the inmate being examined, treated or counseled. -Ensure that Corizon, Health, Inc., employees do not provide medical, dental and psychiatric services in clinics and in individual housing units without adequate cmrectional officer security provided by NYC DOHMH. In particular, ensure conectional officer/security escorts are dedicated to Corizon Health, Inc. employees within the housing units and when treating, examining St:c page~ I through 4 of this Citation nnd Notlflcotion of Penalty for information on employer nnd employee rights 1md responsibilities. Citation nnd Notification of Penalty Page 8 ofl3 OS HA-l U.S. Department of Labor Inspection Number: 957758 Occupational Safety and Health Administration Inspection Date(s): 02/07/2014- 07/09/2014 Issuance Date: 08/07/2014 Citation and Notification of Penalty Company Name: Corizon Health Inc., Con-ectional Medical Associates of NY, Con-ectional Dental Associates of NY, Valitas Health Services, Inc. Inspection Site: 15-00 Hazen Street, East Elmhurst, NY I I370 NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, TI-lE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 IN ACCORDANCE WITH 29 CFR 1903.19. . ABATEMENT DOClJMENTATION REQUIRED FOR THIS ITEM Date By Which Violation Must be Abated: Proposed Penalty: 09/06/2014 $70000.00 See pngell 1 through 4 ofthis Ci1ntion and Notification of Penalty for infornultion on employer Md employee rights 1md responsibilities. Citnt\on tllld Nolificntion ofPeualty Pngc!O ofl3 OSHA-2 Inspection Number: 95775 8 Occupational Safety and Health Administration Inspection Date(s): 02/07/2014 ~ 07/09/2014 Issuance Date: 08/07/2014 U.S. Department of Labor Citation and Notification of Penalty Ct.>mpany Name: Corizon Health Inc,, Correctional Medical Associates of NY, Correctional Dental Associates of NY, Valitas Health Services, Inc, Inspection Site: I 5-00 Hazen Street, East Elmhurst, NY J 1370 Citation 2 Item 1 Type of Violation: Other-than-Serious 29 CFR 1904.32(a)(3): The employer did not certify an OSHA 300A Form or equivalent. LOCATION: Rikers Island Correctional Facility A) Employer did not certify the OSHA form 300A or equivalent for CY 2013 as required, NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR TIIIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADniTIONAL PENALTY OF $1;000.00 IN ACCORDANCE WITH 29 CFR 1903.19. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date By Which Violation Must be Abated: Proposed Penalty: 08/28/2014 $1000.00 Kay Gee Area Director Soo pages lthrm1gh 4 ofth\s Citation and Noti.ficntion of Pcnnlty for informnlion on employer lind employee r1gh1s and responsibilltics, Citation ~nd Notificmtion of Penalty P11gc 11 of13 OSHA·Z U.S. Department of Labor Occupational Safety and Health Administration . 2().1 YadclcStreet , Room 908 New York, NY 10014 Phone: 212-620-3200 Fax:: 212-620-4121 INVOICE/ DEBT COLLECTION NOTICE Company Name: Corizon Healtl1 Inc., Correctional Medical Associates of NY, Correctional Dental Associates of NY, Valitas Health Services Inc. 15-00 Hnzen Street, East Elmhurst, NY 11370 Inspection Site: Issuance Date: 08/07/2014 957758 Summary of Penalties l'ol' Inspection Number $70000,00 Citation 1, Willful $1000.00 Citation 2, Other-than-Serious $71000.00 TOTAL PROPOSED PENALTIES To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested pennltles summarized above. Make yotJr check or money o1·der payable to: "DOL-OSHA". Please indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment electronically on www.p~"ggy. On the left side of the pay.gov homepage, you will sec an option to Search Public Forms. Type "OSHA'' and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is httm://www.pay.gov/paygov/forrns/formlnstance.htrnl?agencyFormld=53090334. You will be required to enter your inspection num bcr when making the payment. Payments can be made by credit card or Automated Clearing House (ACJ-l) using your banking infonnation. Payments of$50,000 or more require !J Transaction ID, and also must be paid usingACH. If you require a Transaction !D, please contact the OSHA Debt Collection Team at (202) 693-2170. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money ot·det·, or electronic payment for less than the full amount due, and will cash the check or money ordet·as if these restrictions or conditions do not exist. ff a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that 0111• bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from yom account will then usually occur within 24 hours and will be shown your regular account statement. You will not receive your miginal check back. The bank will destroy your Citation nnd Nolificnlion of Pcnnlty Pnge \2of"IJ 011 OSHA-2 original check, but will keep a copy of it. If the EFT cannot be completed because of insufficient f-unds or closed account, 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 <j'the U.S,_Department of Lal5o1'(29"'CFKPartW),llie-CYocupatiOna!S"iifeWana1!eaftl1AdministratiotilS requited to assess .hiterest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act. Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is one percent (I%). Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 3 0 calendar days ofthe final order, Delinquent Charges; A debt is considered delinquent if it has not been paid within one month (3 0 calendar days) of the penalty due date or if a satisfactory payment arrru1gement has not been made. If the debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing i'rom the date that the debt became delinquent. Administrative Costs; Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administmtive costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed fol' demand letters sent in an attempt to collect the unpaid debt. Kay Gee Area Dil'ector C\tntlon 11nd Notilicnlion ofPennlty Date Pnge 13 of 13 I t OSHA-2