GLOVERSVILLE — The U.S. Occupational Safety and Health Administration (OSHA) cited the Fulton Center for Rehabilitation and Healthcare for safety violations following an investigation into the death of a CSEA member who was an employee at the facility.
Darby
Dennis Darby, age 31, of Gloversville, died May 21, 2020, at Albany Medical Center from complications of COVID-19.
Darby worked as a certified nursing assistant (CNA) at the Fulton Center in the Alzheimer’s and Dementia Unit and was known for the compassionate care he provided to residents.
CSEA notified OSHA of Darby’s death, and the union’s Occupational Safety and Health Department worked with OSHA to investigate whether conditions at the nursing home contributed to his exposure and contraction of COVID-19.
OSHA launched the investigation on May 22, 2020 with a visit to the facility.
In October 2020, OSHA cited the employer for two violations of the Occupational Safety and Health Act, specifically for the [“employer not providing] a medical evaluation to determine the employees’ ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace.”
OSHA also cited the facility for “not [ensuring that]employees were fit tested for the N95 respirators prior to initial use.”
Fulton Center for Rehabilitation and Healthcare.
The facility was also fined for these violations.
In December 2020, Fulton Center was notified of the results, which detailed, “An inspection and evaluation of your workplace … disclosed the following workplace conditions which raise concerns about the potential for employee illness(es) related to exposure to SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), which is the virus causing coronavirus disease 2019 (COVID-19).”
“Nurses and Certified Nursing Assistants, who provide direct care to positive COVID-19 residents, were required to share reusable and/or disposable gowns. Reusing disposable gowns or reusable gowns without disinfecting can increase the probability of being exposed to COVID-19 due to contamination on the gown.”
OSHA recommended that Fulton Center take precautions to reduce employees’ exposure by performing a required workplace hazard assessment “to determine the tasks that necessitate the use of personal protective equipment (PPE) such as face masks, gloves, goggles, and respirators.”
To minimize risk, OSHA also recommended that the employer “assure that employees wear appropriate protective clothing (e.g., an isolation gown) when it is anticipated that clothes or a uniform may get soiled with body fluids, including respiratory secretions.”
Along with wearing the proper PPE, OSHA also recommended that the employer “develop and implement a cleaning/disinfection protocol to ensure that reusable and disposable gowns are maintained in a clean and sanitary condition.”
The facility reached a settlement with OSHA and has agreed to follow established safety protocols and abide by workplace safety laws.
This case once again shows how CSEA members are better protected by having a union with a full Occupational Safety and Health Department.
“Behind every workplace fatality is a person who simply went to work to do a job and died as a result,” said CSEA Capital Region President Ron Briggs. “Bridging the gap between workplace safety laws and forcing employers to adhere to them is what CSEA’s OSH Department does best. Keeping workers safe and healthy is a bedrock union value and sacred to our mission.”
— Therese Assalian
