Sample OSHA citation on workplace violence issues

1. U.S. Department of Labor Inspection Number: 108192
Occupational 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 Hospital
Inspection Site: 1701 Sharp Road, Waterford, WI 53185
Citation 1 Item 1 Type of Violation: Serious
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish
employment and a place of employment which were 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 ofbeing physically assaulted by clients exhibiting aggressive behavior, causing serious injuries
while 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 a
hospital, special education school, Community Based Residential Facility (CBRF) and
Residential Care Center (RCC) for individuals with behavioral disorders. Employees are
exposed to workplace violence hazards that are likely to cause death and/or serious physical
harm. The employer had not developed and/or implemented adequate measures to protect
its employees from physical assaults such as, but not limited to, being bitten, kicked and
punched.
Among other feasible and acceptable means to abate the hazard of workplace violence at Lakeview
Neurorehab Center Midwest, Inc. d.b.a. Lakeview Specialty Hospital include:
(1) Review Lakeview Neurorehabs Workplace Violence Prevention Program for all units and
ensure the following elements are addressed:
a. A Workplace Violence Policy Statement including responsibilities of all staff and a policy of
zero tolerance for workplace violence which is shared with clients;
b. Hazard/Threat/Security assessment including records review, inspection of the worksite, and
employee survey;
c. Implementation of workplace controls and prevention strategies, including procedures that
maximize safety and minimize the likelihood of assaultive behavior;
d. Training and education of all staff with a focus on the specifics of Lakeview N eurorehabs
program;
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 of Penalty Page 6 of 12 OSHA-2(Rev. 9/93)

2. u.s.Department of Labor Inspection Number: 108192
Occupational 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 Hospital
Inspection 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 of new/transferred clients;
b. Establish a procedure such as chart tags, log books, or verbal census reports for identifying
clients with a history of violent behavior;
c. Implement procedures to ensure communication of any incident of workplace violence to any
staff that might come in contact with the client, so that staff who may not have access to the
clients daily chart would be aware of previous 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 Crisis
Intervention Policy and the Personal Safety Emergency Policy, to ensure that procedures are in
place for managing worst-case scenarios in which staff are unable to control or contain an
incident, and to ensure that these policies allow staffto impose physical control measures when
necessary to ensure their own safety.
(4) Update facility Incident Reports to include documented supervisor input and follow-up with
the 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 the
Company's workplace violence policy is where it can be found and what the expectations are of
the company for dealing with workplace violence hazards. Training should be conducted in a
manner in which employees can easily understand the terminology, and should incorporate
hands-on exercises and practice drills to improve staff skill and confidence levels. Training
should also include the company policies and requirements for recording and documenting on
the daily chart when a client is exhibiting aggressive or violent behaviors.
(6)Ensure that adequate numbers of properly trained security personnel are
readily and immediately available to render assistance in the event of an incident of workplace
violence, and ensure that security personnel have specialized training to deal with aggressive
and violent behaviors.
Citation and Notification of Penalty Page 7 of 12 OSHA-2(Rev.9/93)

3. U.S. Department of Labor Inspection Number: 108192 .
Occupational 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 Hospital
Inspection Site: 1701 Sharp Road, Waterford, WI 53185
(7) Provide staff with a reliable way to rapidly summon assistance when needed, such as an
electronic alarm and/or walkie-talkies or a pendant-type wireless personal emergency assistance
alarm.
(8) Develop a written policy for contacting law enforcement in the event of an actual or
threatened violent attack. Communicate this policy to employees.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date by which Violation must be Abated: 06/0812012
Proposed Penalty: $7000.00
Citation 1 Item 2 Type ofViolation: Serious
29 CFR 191O.l47(c)(4)(i): Procedures shall be developed, documented and utilized for the control of
potentially 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 of
energy for equipment being serviced or maintained such as air handling units, fire pumps and
sprinklers and air compressor units.
Date by which Violation must be Abated: Corrected During Inspection
Proposed Penalty: $5000.00
Citation and Notification QfPenalty Page 8 of 12 OSHA-2(Rev.9/93)

4. U.S. Department of Labor Inspection Number: 108192
Occupational Safety and Health Administration Inspection Date(s): 10/26/2011 - 10/26/2011
Issnance Date: 04/26/2012
Citation and Notification of Penalty
Company Name: Lakeview Neurorehab Center Midwest, Inc., dba Lakeview Specialty Hospital
Inspection Site: 1701 Sharp Road, Waterford, WI 53185
Citation 2 Item 1 Type of Violation: Other-than-Serious
29 CFR 1904.29(b)(1): A Log of all recordable work-related injuries and illnesses (OSHA Form 300 or
equivalent), 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 recording
errors such as 1. The entries in column F were incomplete regarding the part of the body
affected or medical condition for recordability 2. Entries were made in columns H and I but no
days recorded in columns K and L.
Date by which Violation must be Abated: Corrected During Inspection
Proposed Penalty: $.00
Citation 2 Item 2 Type of Violation: Other-than-Serious
29 CFR 1910.147(c)(6)(i): The employer shall conduct a periodic inspection of the energy control
procedure at least annually to ensure that the procedure and the requirements of this standard are being
followed.
(a) The company had not performed an armual evaluation and inspection of the energy control
program and procedures to ensure the requirements of the standard are met and adequately
implemented.
Date by which Violation must be Abated: Corrected During Inspection
Proposed Penalty: $.00
Citation and Notification of Penalty Page 9 ofl2 OSHA-2(ReY. 9/93)

5. U.S. Department of Labor Inspection Number: 108192
Occupational 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 Hospital
Inspection Site: 170 I Sharp Road, Waterford, Wl 53185
Citation 2 Item 3 Type of Violation: Other-than-Serious
29 CFR 1910.1030(c)(I)(iv): The Exposure Control Plan was not reviewed and updated when
necessary to reflect new or modified tasks and procedures which affect occupational exposure and to
reflect new or revised employee positions with occupational exposure:
(a) The company had not perfonned and documented the annual review and update of the
exposure control plan since July 2010 to address changes in procedures for dealing with
exposure to blood and body fluids.
Date by which Violation must be Abated: Corrected During Inspection
Proposed Penalty: $.00
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~. = Yoksas
eorge
~ea Director
Citation and Notification of Penalty Page 10 of 12 OSHA·2(Rev. 9/93)

6. U.S. Department of Labor
Occupational Safety and Health Administration
310 W. Wisconsin Avenue, Room 1180
Milwaukee, WI 53203
Phone: 414-297-3315 Fax: 414-297-4299
INVOICE/
DEBT COLLECTION NOTICE
Company Name: Lakeview Neurorehab Center Midwest, Inc., dba Lakeview Specialty Hospital
Inspection Site: 1701 Sharp Road, Waterford, WI 53185
Issuance Date: 04/26/2012
Summary of Penalties for Inspection Number 108192
Citation 1, Serious $12000.00
Citation 2, Other-than-Serious $.00
TOTAL PROPOSED PENALTIES $12000.00
To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the
uncontested penalties summarized above. Make your check or money order payable to: "DOL-OSHA". Please
indicate 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 less
than the full amount due, and will cash the check or money order as if these restrictions or conditions do not
exist.
If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our
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 your account will then usually occur within 24 hours and will be shown on
your regular account statement. You will not receive your original check back. The bank will destroy your
original check, but will keep a copy of it. If the EFT cannot be completed because of insufficient funds 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 ofthe U.S. Department of
Labor (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 the
Occupational Safety and Health Act.
Citation and Notification of Penalty 11 of 12 OSHA-2(Rev. 9/93)

7. 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) ofthe date on which the debt amount
becomes due and payable (penalty due date). The current interest rate is one percent (1 %). Interest will accrue
from the date on which the penalty amounts (as proposed or adjusted) become a fmal 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 me a notice of contest. Interest charges will be waived if the full amount
owed 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 calendar
days) of the penalty due date or if a satisfactory payment arrangement 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 from 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 administrative costs incurred by the Agency in its
attempt to collect an nopaid debt. Administrative costs will be assessed for demand letters sent in an attempt to
collect the unpaid debt.
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+George Yoksas
Area Director Date
Citation and Notification of Penalty 12ofl2 OSHA-2(Rev.9/93)