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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151.
The Occupational Safety and Health Administration (OSHA)
is appealing a ruling that overturned citations OSHA issued to Beverly
Enterprises in Pennsylvania for alleged hazards in five nursing homes.
An Occupational Safety and Health Review Commission
(OSHRC) administrative law judge set aside OSHA's citations that were issued
under the general duty clause of the Occupational Safety and Health Act of
1970. The citations alleged that workers did not safely lift residents and
safely perform other strenuous activities. The OSHRC ruling said that OSHA had
not proved the existence of a hazard.
"We have extensive documentation that manual lifting
represents a serious hazard in many industries," said Assistant Secretary
Joseph A. Dear in announcing the agency's decision to appeal OSHRC's ruling.
"The potential for back injuries among nursing personnel has been widely
recognized throughout the nursing home industry for at least the last 20
years.
"While we are certain we can clearly demonstrate a
recognized hazard, the questions raised in this case further point to the need
for a specific standard that addresses the evaluation of ergonomic risks and
points employers toward practical solutions," Dear said.
OSHA is appealing on the basis that the agency clearly
showed the existence of a hazard to nursing assistants through, among other
things, documented back injuries in the five nursing homes and through the
testimony of expert witnesses.
OSHA issued the following citations to these five Beverly
Enterprises' nursing homes:
Proposed Citation
Nursing Home Violations Penalties Date
Richland Manor 3 Serious $6375 11/21/91
Johnstown, Pa. 1 Other $ 900
Meyersdale Manor 3 Serious $6375 12/05/91
Meyersdale, Pa. 1 Other $ 900
Beverly Manor of 3 Serious $5625 3/20/92
Monroeville 1 Other $ 750
Monroeville, Pa.
Carpenter Care 2 Serious $4675 1/31/92
Center 2 Other $1700
Tunkhannock, Pa.
Blue Ridge Haven 2 Serious $7500 2/1/93
Convalescent Center
West
TOTAL PROPOSED PENALTIES: $34,800
The agency inspected the five nursing homes over a
15-month period beginning in May 1991 in response to complaints that workers
were suffering back injuries related to lifting and transferring residents.
During the inspections, OSHA reviewed the company's injury and illness records,
which revealed numerous musculoskeletal injuries sustained by nursing
assistants that had resulted in extensive lost worktime and restricted work
duty. Approximately two-thirds of the company's workers' compensation claims
stemmed from back injuries.
OSHA found that in each facility, nursing assistants had
to manually lift residents to transfer them between beds, chairs and toilets
and to turn and reposition residents in beds and chairs. Company records also
indicated that management at each of the Beverly Enterprises facilities was
aware of the injuries.
Beverly Enterprises is one of the largest nursing home
operators in the U.S. In the early 1990's the company operated approximately
820 nursing homes with approximately 90,000 beds.
With the appeal, OSHA is seeking administrative review of
the case by the Occupational Safety and Health Review Commission. A party
dissatisfied with the commissioners' decision can appeal the case through the
U.S. Circuit court.
Archived News Release--Caution:
information may be out of date.
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