A federal workplace safety inspection alleges that three employers at a Missouri residential nursing and rehabilitation facility exposed workers and residents to asbestos hazards and failed to ensure safe removal of the known carcinogen during a flooring replacement project.
In January 2021, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) initiated an inspection at a Missouri based health and rehabilitation facility. The inspection was a referral from the Missouri Department of Natural Resources. On January 22, 2021, the state agency evacuated the facility’s residents ― 31 days after flooring work began on December 21, 2020.
OSHA alleges that the three employers failed to test for the presence of asbestos, did not erect protective barriers to contain residue, and failed to use respiratory and personal protective equipment to prevent exposure. Bulk samples of tile backing and mastic collected at three locations in the facility indicated that between 45 percent and 51 percent of the samples contained chrysotile asbestos.
After its inspection, OSHA cited the three companies for not implementing a respiratory protection program, exposing workers to asbestos hazards, and failing to inform employees of the potential presence of asbestos. Additional violations and penalties proposed against each of the three companies include:
- The project’s lead contractor faces proposed penalties of $105,127 for 11 serious violations. The facility owner hired the contractor company to remove and replace the flooring,
- The facility’s owner faces proposed penalties of $95,570 for 10 serious violations. Investigators determined the company’s regional director of operations removed flooring and used removal equipment and scrapers to keep the project moving in the lead contractor’s absence.
- The company that operates the facility faces $38,228 in proposed penalties for four serious violations. As the facility’s manager, the company had responsibility for protecting its employees and other workers in the facility from potential respiratory hazards.
All three companies have 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. The citations issued to the three employers can be accessed here.
OSHA’s education on asbestos can be accessed here.
Compliance Perspective
Issue
Employers are obligated to comply with OSHA guidelines and standards, and 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. Prior to beginning any construction or remodeling of a facility, an inspection for asbestos is required to be conducted and the results of the findings of the inspection should be documented. If asbestos is found to be present, the contractor is required to abide by OSHA’s guidelines and standards for removing asbestos. Leaders of the facility must be knowledgeable of the requirements for removing asbestos and be prepared to monitor the contractor’s adherence to OSHA’s guidelines and standards.
Discussion Points
- Review your policies and procedures on construction and remodeling of the facility and environment. Ensure that OSHA’s standards and guidelines for removal of asbestos are incorporated into your policies. Update as necessary.
- Train staff, including your maintenance director and infection control preventionist, on your policy and procedures for construction and remodeling of the facility or the environment before the initiation of any work. Document that these trainings occurred and file each signed document into employee’s individual education file.
- Periodically audit to ensure facility leadership is aware of OSHA’s standards and guidelines.
