Text For Citation: 01 Item/Group: 001B Hazard:

29 CFR 1910.134(e)(1): The employer did not provide 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: a) Briarcliff Manor Center for Rehabilitation and Nursing, 620 Sleepy Hollow Rd, Briarcliff Manor, NY 10510: On or about April 5, 2020, and continuing thereafter, the employer required employees, including Licensed Practical Nurses and Certified Nursing Assistants, to wear KN95 filtering facepiece respirators when working with residents suspected or confirmed to be infected with COVID-19. The employer did not provide medical evaluations to the employees before they were required to use respirators. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.