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Corizon OSHA Violation, 08-07, US DOL, 2014

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U.S. Department of Labor
Occupational Safety and Health Administration
201 Varick Street

-ttotm1-908 ···-·------ --····-··-· - ·····
New York, NY 10014
Phone: 212-620-3200 Fax: 212-620-4121

~'

{..--~-:····7~-cit~tioiand.Notif;c·~t£on·ot11e~&1ey . . . . ·., .
<· ,'' .. ·. ·:

.. '· .

To:
Corizon Health Inc., Correctional Medical Associates
of NY, Con·ectional Dental Associates of NY, Valitas
Health Services Inc. and its successors
49-04 19th Avenue
Astoria, NY 111 05

Inspection Number: 957758
Inspection Date(s): 02/07/2014-07/09/2014
lsSUIIllce Date: 08/07/2014

Inspection Site:
15-00 Hazen StTeet
Bast Elmhurst, NY 11370
Attn: Susan Schranze
Chief Operations Official, Rikers Island

···--------·-----····---------···---

-·----------------

This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and
Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations, You must abEJte the
violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working
days (excluding weekends and Fedet·al holidays) from your receipt of this Citation and Notification of Penalty
you either call to schedule an inf'onnnl conference (see p11ragrapb below) Ol' you mail a notice of contest to
the U.S. Depmiment of Labor Area Office at the address shown above. Please refer to the enclosed booklet
(OSHA 3000) which outlines your rights and responsibilities and which should be read in col\iunction with this
form. Issuance of this Citation does not constitute a finding that a violation of the Act has occur1·ed unless there
is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review
Commission or a court.
Posting- The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a
prominent place at OJ' near the location of the violation(s) cited herein, or, if it is not pmcticable because of the
natUI1l of the employer'swerations, where .it will be readily observable by all affected employees. This Citation
must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding
weekends and Federal holidays), whichever is longer,

Informal Conference- An infonnal conference is not required. However, if you wish to have such a
conference you may request one with the Area Director during the 15 working day contest period, During such
an informal conference you may present any evidence or views which you believe would support an adjustment
Citation rmd Notlf1cntion ofPenttlty

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to the citation(s) and/oqrenalty(ies).
If you are considering a request for an infonnal conference to discuss any Issues related to this Citation and
_]'j_otification of Penalty, you must take care, to s~.l:!~~-lJ.!~..it, ea~ly_~n.Q.u.gl) .!9_\I.V!/Y' ~.J.!n,e.!Q.£On!~St!lfi!erJ!:l!<.informn 1
coliference, shbuld you decide to do so. Please keep m mmd that a written letter of mtent to cont<lst must be
submitted to the Area Director within 15 working days of your receipt ofthis Citation. The running of this
contest period is not interrupted by an informal confe1·ence,
If you decide to request an informal conference, please complete, remove and post the Notice to Employees next
to this Citation and Notification ofPenalty as soon as the time, date, and place of the informal conference have
been detennined. Be sure to bring to the conference any and all supporting documentation of existing conditions
as well as any abatement steps taken thus far. If conditions warrant, we can enter into an infbrmttl settlement
agreement which amicably resolves this matter without litigation or contest.

Right to Contest- You have the right to contest this Citation and Notification of Penalty. You may contest
all citation items or only individual items. You may also contest proposed penalties and/or abatement dates
without contesting the underlying violations. Unless yon inform the Area Director in writing that yon intend
to contest the citation(s) and/or proposed penalty(iesl within 15 WOi'king days afte•• receipt, the citation(s)
and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review
Commission and may not be •·eviewcd by any court or agency.

Penalty Payment- Penalties are due within 15 working days of receipt of this notification unless contested.
(See the enclosed booklet and the additional information provided related to tho Debt Collection Act of 1982,)
Make your check o1· money order payable to "DOL"OSHA". Please indicate the Inspection Number on the
remittance. Yo11 can also make your payment electronically on www.pay.gov. On the left side of the pny.gov
homepage1.you-will-see an option to .Search Public·Forms. 'T)rpe"OSHA" and click Go. From the results, click
un OSHA Penalty Payment Form. The direct link is:
h!!P.?.;ilwww.pax.govfu.E!}'g;QY./forms/fo,rmlnstance.html?agencxFormid~53090334.

You will be required to enter your inspection number when making the payment. Payments can be made by
credit card or Automated Clearing House (ACH) using ym1r banking infonnation, Payments of $50,000 or more
require a Transaction TO, and also must be paid using ACH. If you require a Transaction ID, please contact the
OSHA Debt Collection Team at (202) 693-2170.
OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or
electronic payment for less than the full amount due, and will process the payments us if these restrictions or
conditions do not exist.

Notification of Corrective Action- For each violation which you do not contest, you must provide
abatement certification to the Area Director ofthe OSHA office issuing the citation and identified above. This
abatement certifiCtltion is to be provided by letter within 10 calendar days after each abatement date. Abatement
certification includes the date and method of abatement. If the citation indicates that the violation was corrected
during the inspection, no abatement ceitification is required fot• that item. The abatement certification letter must
be posted at the location where the violation appeared and the corrective action took place or employees must
otherwise be effectively informed about abatement activities. A sample abatement certification let1er is enclosed
with this Citation. In addition, where the citation indicates that abatement doc11mentatlo11 is necessary, evidence
ofthc purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that
abatement has occurred is required to be provided to the Area DiJ·ector.

Citntion nnd Notifiontion of Penr.lty

OSHA·2

Employer Discrimination Unlawful- The law prohibits discrimination by an employer egainst an
employee for filing a complaint or for exercising any rights under this Act. An employee who believes that
he/she has been discriminated against may file a complaint no later than 30 days after the discrimination
occu.rfl)d_.with the_U.S. Depm:tmentofL&bor.Ar.ea Offic~ at the_address shown.llb_ove, .

Employer Rights and Responsibilities- The enclosed booklet (OSHA 3000) outlines additional
employer rights and responsibilities and should be read in conjunction with this notification.

Notice to Employees- The Jaw gives an employee or his/her representative the opportunity to object to any
abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to
the U.S. Department of Labor Area Office at the address shown above and postmarked within 15 working days
(excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification of
Penalty.

Inspection Activity Data- You should be aware that OSHA publishes information on its inspection and
citation activity on the Internet under the provisions of the Electronic Freedom oflnformation Act. The
information related to these alleged violations will be posted when our system indicates that you have received
this citation. You are encouraged to review the information concerning your establlshment at www.osha.gov. If
you have any dispute with the accuracy of the information displayed, please contact this office.

Citation nnd Notificntion of Penalty

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U.S. Department ofLabor
Occupational Safety and Health Administration

NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE

An informal conference has been scheduled with OSHA to discuss the citation(s) issued on
08/07/2014. The conference will be held by telephone or at the OSHA office located at 201
Varick Street, Room 908, New York, NY 10014 on _ _ _ _ _ _ _ at
~~~~----·

Employees and/or representatives of employees havl:l a right to attend an

informal conference.

Cltation and Notificn1ion ofl>enalty

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CERTfFICATION OF CORRECTIVE ACTION WORKSHEET

·campanyNameiC6iiionTieahh ·rnc:, Correctional Medlcaf Associates
NY, Valitas Health Services, Inc.
Inspection Site: 15-00 Hazen Street, East Elmhurst, NY 11370
Issuance Date: 08/07/2014

ol'NV;corr~~~~~~~~~}~:;;~i~~:;~~

List the specific method of correction for each item on this citation in this package that does not ~"ead "Corrected
During Inspection" and return to: U.S. Department of Labor- Occupational Safety and Health
Administration, 201 Varicl< Street, Room 908, New York, NY 10014

Citation Number_ and Item Number
was corrected o n - - - - - - - - - - - - - - - By (Method of Abatement):-------------Citation Number
and Item Number
was corrected o n - - - - - - - - - - - - - - - - By (Method of A b a t e m e n t ) : - - - - - - - - - - - - - - - - - - - - - - - - - Citation Numbet· _ _ and Item Number
was corrected o n - - - - - - - - - - - - - - By (Method of A b a t e m e n t ) : - - - - - - - - - - - - - - - - - - - - - - - Citation Number
and Item Number
By ·(Metnoa ofi\EatemeiilY:_·____

was corrected o n - - - - - - - - - - - - - - -

Citation Number ______ and Item Number
was corrected o n - - - - - - - - - - - - By (Method of Abatement):---·--------- _ _ _ __
Citation Number
and Item Number
was corrected on
By (Method of Abat;;ment): __
-I certify that the information contained in this document is accurate and that the affected employees and theiJ·
representatives have been informed of the abatement.
Signature

Date

Typed or Printed Name

Title

NOTE: 29 USC 666(g) whocvm· knowingly makes any false statements, representation or certification in any applicntion, record, plon or
other documents flied or require-d to be maintained pursuant to the Act shall, upon conviction, be punished by R fine of not more th 11 n
$10,000 Ol' by imprisonment of not mo!'e tlum 6 months or both.
POS'l'ING: A copy of completed Co:·rective Action Worksheet should be posted for employee review

Cltutionand Notificntion of Penalty

Page 5 of t3

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U.S. Department of Labor

Inspection Nnmber: 957758

Occupational Safety and Health Administration Inspection Date(s): 02/0712014-07/09/2014
Issuance Date: 08/07/2014

Citation and Notification of Penalty
Company Name: Corizon Health Inc., Correctional Medical Associates of NY, Correctional Dental
Associates of NY, Valitas Health Services, Inc.
Inspection Site: 15-00 Hazen Street, East Elmhurst, NY 113 70

~itation 1 ItemJ_ Type ofVio1ation;

Willful

OSH ACT of 1970 Section 5(a)(l ): The employer did not furnish employment and a place of
employment which was 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 of workplace
violence.
LOCATION: Rikers Island Correctional Facility, throughout facility.
a). At Rikers Island, employees who provide medical, dental, and psychiatric care to inmates within
health car,e clinics and on-housing units were exposed to physical assaults and threats. During routine
interactions with inmates, employees were exposed to numerous incidents of violent behavior by
imnates which have resulted in injuries to the head, eyes, face, hands, legs, and body frorn hits, kicks
punches, as well as exposure to bloodborne pathogens from hmnan bodily fluids being thrown at the~.
Specifically;
(a) On or about Febmary 11,2014, while walking from the housing unit ofthe George R. Vierno
Center (GRVC) to her office in the same center, a Corizon Health, Inc. mental health clinician was
splashed about the head and neck with an unlmown liquid substance thrown by an irunate.
(b) On or about March 3, 2014, while treating an inmate inside the Rose M. Singer Center (RMSC), a
Corizon Health, Inc. mental health clinician was threatened with physical harm by another inmate if the
clinician did not prescribe medication the inmate did not need.
(c) On or about March 22,2014, a Corizon Health, Inc, mental health clinician was treating a patient in
close proximity of her escort, a New York City Correctional Officer, when he was physically assaulted
by an inmate of the GRVC.
(d) On or about April 15, 2014, while treating an inmate at the Anna M. Kross Center (AMI<C) clinic, n
Corizon Health, Inc. employee was assaulted and knocked unconscious from a punch to the face.
(e) On or aboutApri127, 2014, while treating a patient u Corizon Health, bJC. doctor was punched in
Sec pages 1 through 4 of this Citation tmd NotifieEttion of Penalty fbr lnfonmHiml on employer Hlld employee rights ond responsibilities.
Citntion nnd Notification ofPettn\ly

Pogo 6 of 13

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Citation and Notification of Penalty

Company Name: Corizon Health Inc., Correctional Medical Associates ofNY, Correctional Dental
Associates of NY, Valitas Health Services, Inc.
Inspection Site: 15·00 Hazen Street, East Elmhurst, NY 11370
the face by an inmate of the Eric M. Taylor Center (EMTC).
(f) On or about May I, 2014, the titles of certain Corizon employees were included in a "Hit List" of

staff who were targeted for assault by inmates, and this list was circulated among the housing units.
(g) On or about May 7, 2014, after treating a patient, a Corizon Health, Inc. mental health clinician was
locked into a cell inside the AMKC housing unit and threatened with physical harm by an inmate. A
crisis intervention team was required to get her out.
(h) On or about May 14,2014, while being escorted out of the housing unit, a Corizon Health, Inc.
mental health clinician was in close proximity to a correctional officer who was attacked and assaulted
by two h1riuiks insTde the AMKC:

Among other methods, feasible and acceptable means to abate workplace violence at Rikers Island
Correctional Facility include:
Develop and implement an adequate stand-alone, written Workplace Violence Prevention Program for
the entire Corizon Health, Inc. staff that includes, but is not limited to, the following elements:
(1) Administrative Controls:
-Conduct and evaluate job-site hazard assessment including records review, conduct workplace
violence incidents analysis, assess the worksite conditions and layout, and develop procedures to
implement enhancements and improvements as part of the hazard assessment.
-Evaluate workplace controls and implement new policies and procedures to reduce violence in the
workplace.
·Assess management of the facility, prison routines, incentives and disincentives for inmates, physical
constants, surveillance, and staff/security deployment.

Seo pnges t through 4 ofthi.o; Citnlion and Notification ofPcnnlty for information on employer Jllld employee riBhts nnd responsibilities.
Citation IU\d Notlflcnt!on of Penalty

Pnge 7 of 13

U.S. Department of Labor
Occupational Safety and Health Administration

Citation and Notification of Penalty
Company Name: Corizon Health Inc., Conectional Medical Associates of NY, Conectional Dental
Associates ofNY, Valitas Health Services, Inc,
Inspection Site: 15-00 Hazen Street, East Elmhurst, NY 11370
-Periodically assess staffing when number and security levels of irunates change and when treatment
examination and counseling requirements increase. Pursuant to contract discussions with the NYC '
DOHMH, include assessments of the minimum number of correctional officers required to provide
security to Corizon Health, Inc. employees when medical, dental and psychiatric services are NYC
DOHMH provided in clinics and in individual housing units.
-Develop adequate communication and emergency notification systems to alert correctional o-fficers of
potential, perceived and/or actual workplace violence.
-Ensure all employees have an appropriate communication method and means to contact the
security/conectional officers.
-Conduct and complete incident reviews to track and trend for implementation ofimprovements in the
program.
(2) Engineering Controls:
-Ensure panic alarm system is installed and/or repaired in all facility buildings. The Panic Alarms
System should be installed in all treatment, examining and counseling areas.
-Ensure Plexiglas or other types of barriers are installed, where practical, in all treatment, examination
and counseling areas.
-Ensure cuff bars are installed in areas where inmates wait or are being examined, where practical.
-Implement a computer system to identify and alert employees of potential violent inmates, and ensure
proper pl'Ocedures and precautions m·e in place prior to the inmate being examined, treated or
counseled.
-Ensure that Corizon, Health, Inc., employees do not provide medical, dental and psychiatric services in
clinics and in individual housing units without adequate cmrectional officer security provided by NYC
DOHMH. In particular, ensure conectional officer/security escorts
are dedicated to Corizon Health, Inc. employees within the housing units and when treating, examining
St:c page~ I through 4 of this Citation nnd Notlflcotion of Penalty for information on employer nnd employee rights 1md responsibilities.
Citation nnd Notification of Penalty

Page 8 ofl3

OS HA-l

U.S. Department of Labor
Inspection Number: 957758
Occupational Safety and Health Administration Inspection Date(s): 02/07/2014- 07/09/2014
Issuance Date: 08/07/2014

Citation and Notification of Penalty

Company Name: Corizon Health Inc., Con-ectional Medical Associates of NY, Con-ectional Dental
Associates of NY, Valitas Health Services, Inc.
Inspection Site: 15-00 Hazen Street, East Elmhurst, NY I I370

NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, TI-lE EMPLOYER IS REQUIRED TO
SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL
RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 IN ACCORDANCE WITH 29 CFR
1903.19.
.
ABATEMENT DOClJMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated:
Proposed Penalty:

09/06/2014
$70000.00

See pngell 1 through 4 ofthis Ci1ntion and Notification of Penalty for infornultion on employer Md employee rights 1md responsibilities.
Citnt\on tllld Nolificntion ofPeualty

Pngc!O ofl3

OSHA-2

Inspection Number: 95775 8
Occupational Safety and Health Administration Inspection Date(s): 02/07/2014 ~ 07/09/2014
Issuance Date: 08/07/2014

U.S. Department of Labor

Citation and Notification of Penalty
Ct.>mpany Name: Corizon Health Inc,, Correctional Medical Associates of NY, Correctional Dental
Associates of NY, Valitas Health Services, Inc,
Inspection Site: I 5-00 Hazen Street, East Elmhurst, NY J 1370

Citation 2 Item 1

Type of Violation:

Other-than-Serious

29 CFR 1904.32(a)(3): The employer did not certify an OSHA 300A Form or equivalent.
LOCATION: Rikers Island Correctional Facility
A) Employer did not certify the OSHA form 300A or equivalent for CY 2013 as required,
NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION
FOR TIIIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADniTIONAL PENALTY
OF $1;000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated:
Proposed Penalty:

08/28/2014
$1000.00

Kay Gee
Area Director

Soo pages lthrm1gh 4 ofth\s Citation and Noti.ficntion of Pcnnlty for informnlion on employer lind employee r1gh1s and responsibilltics,
Citation ~nd Notificmtion of Penalty

P11gc 11 of13

OSHA·Z

U.S. Department of Labor
Occupational Safety and Health Administration
. 2().1 YadclcStreet ,
Room 908
New York, NY 10014
Phone: 212-620-3200 Fax:: 212-620-4121

INVOICE/
DEBT COLLECTION NOTICE

Company Name:
Corizon Healtl1 Inc., Correctional Medical Associates of NY, Correctional Dental
Associates of NY, Valitas Health Services Inc.
15-00 Hnzen Street, East Elmhurst, NY 11370
Inspection Site:
Issuance Date:
08/07/2014

957758

Summary of Penalties l'ol' Inspection Number

$70000,00

Citation 1, Willful

$1000.00

Citation 2, Other-than-Serious

$71000.00

TOTAL PROPOSED PENALTIES

To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the
uncontested pennltles summarized above. Make yotJr check or money o1·der payable to: "DOL-OSHA". Please
indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment
electronically on www.p~"ggy. On the left side of the pay.gov homepage, you will sec an option to Search
Public Forms. Type "OSHA'' and click Go. From the results, click on OSHA Penalty Payment Form. The
direct link is httm://www.pay.gov/paygov/forrns/formlnstance.htrnl?agencyFormld=53090334. You will
be required to enter your inspection num bcr when making the payment. Payments can be made by credit card or
Automated Clearing House (ACJ-l) using your banking infonnation. Payments of$50,000 or more require !J
Transaction ID, and also must be paid usingACH. If you require a Transaction !D, please contact the OSHA
Debt Collection Team at (202) 693-2170.
OSHA does not agree to any restrictions or conditions or endorsements put on any check, money ot·det·, or
electronic payment for less than the full amount due, and will cash the check or money ordet·as if these
restrictions or conditions do not exist.
ff a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that 0111•

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 yom account will then usually occur within 24 hours and will be shown
your regular account statement. You will not receive your miginal check back. The bank will destroy your
Citation nnd Nolificnlion of Pcnnlty

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011

OSHA-2

original check, but will keep a copy of it. If the EFT cannot be completed because of insufficient f-unds 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 <j'the U.S,_Department of
Lal5o1'(29"'CFKPartW),llie-CYocupatiOna!S"iifeWana1!eaftl1AdministratiotilS requited to assess .hiterest,
delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the
Occupational Safety and Health Act.
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) of the date on which the debt amount
becomes due and payable (penalty due date). The current interest rate is one percent (I%). Interest will accrue
from the date on which the penalty amounts (as proposed or adjusted) become a final 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 file a notice of contest. Interest charges will be waived if the full amount
owed is paid within 3 0 calendar days ofthe final order,
Delinquent Charges; A debt is considered delinquent if it has not been paid within one month (3 0 calendar

days) of the penalty due date or if a satisfactory payment arrru1gement 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 i'rom 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 administmtive costs incurred by the Agency in its
attempt to collect an unpaid debt. Administrative costs will be assessed fol' demand letters sent in an attempt to
collect the unpaid debt.

Kay Gee
Area Dil'ector

C\tntlon 11nd Notilicnlion ofPennlty

Date

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