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Roger Barrett Wa Pab Medical Discipline)appeal and Case File 1999

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2828 upi.ol Slvd.

ICE (360) 586-1481
FAX (360) 7SJ.Ot39

PO SOle oW91}
Olympia. WA 98504-0911

E-MAIL info-pab@pa&.srate.wa.us

STATE OF WASHINGTON

PERSON NEL APPEALS BOARD

RECEIVED

HOME PACE www.wa.gov/pab

JUN • 2 1999

June I, 1999

RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal,
Case No. SUSP-97-0031

Dear Nlr. Barrett:
Enclosed is a copy of the order of the Personnel Appeals ~oard in the above-referenced
matter. The order was entered by the Board on June 1, 1999.
Sincerely,

Don Bennett
Executive Secretary
DB:mt
Enclosure
cc:

Elizabeth Van Moppes, AAG
Jennie Adkins, DOC

0740

o

-'

.
. ...--:~

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3

)
4

BRUCE BARRETT,

s

Appellant,

6

vs.
DEPARTMENT OF CORRECTIONS,

7

Respondent

8
9

) Case No. SUSP-97-0031

I

)
)
)
) MOTION AND ORDER OF DISMISSAL
)
)
)
)

The Appellant, by and through the undersigned Personal Representative of the Estate of Bruce

10

Barren, hereby notifies the Personnel Appeals Board that he wishes to withdraw the above-entitled

11

appeal.

12

DATED

~~//$aAA£6·.

6/;7/CJ?

7

I

P rsgnal Representative

13

This matter came on regularly before the Personnel Appeals Board on the consideration of the

14

request of the Appellant's Personal Representative to withdraw the above-entitled appeal. The

15

Board having reviewed the files and records herein, being fully advised in the premises, and it

16

appearing to the Board that the Personal Representative of the Estate of Bruce Barrett has requested
to withdraw the appeal, now enters the following:

17

ORDER
18

19

20

NOW, TriEREFORE, IT IS HEREBY ORDERED that the request to withdraw the appeal is
granted and the appeal is dismissed.
DATEDthis IS-/- day of

JUA1..L~_~, 1191

21
22
23

24
2S

26

0741
Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98S04.

,
,

2

STATE OF WASHINGTON

3

4
5

~.

)

~ NOTICE OF SCHEDULING

Appellant,

6
7

) Case No. SUSP-97-0031

BRUCE BARRETI,

vs.
DEPARTMENT OF CORRECTIONS,

8

)

RespondenL

)
)

9
10
11
12
13
14

IS

16

)
)
)

Notice is hereby given that pursuant to WAC 358-30-010(3), a hearing on the appeal before the
Personnel Appeals Board has been set for Wednesday, April 28, 1999, beginning at 9 a.m. The
hearing will be held in the Personnel Appeals Board Hearing Room, 2828 Capitol Boulevard,
Olympia, Washington.
The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies of, and when possible, stipulating to exhibits. The parties shall bring
sL"( (6) copies of the premarked exhibits which they intend to offer into evidence. Whenever
possible, the parties should exchange wimess lists prior to the day set for the hearing.
If the services of an interpreter are needed, notify Personnel Appeals Board staff at least two weeks
prior to the hearing. The hearing site is barrier free and accessible to the disabled.

17

18

DATED this 16th day of September, 1998.
19
20

WASHINGTON STATE PERSOl'l"NEL APPEALS BOARD

21
22

Teresa Parsons, Hearings Coordinator
(360) 664-0479

23

24

cc:
25
26

Bruce Barren, Appellant
Louis Baker, WPEA
Elizabeth Van Moppes, AAG
Jennie Adkins, DOC

074Z
Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98504

vKvpp--e..v--

R E C E. \ 'J E 0

2

S~p 181998
. c; 6liecUcr.s

O?:;:;;~~mal\ R~u~EFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

3
4

) Case No. SUSP-97-0031

s BRUCE BARRETT,

~ NOTICE OF SCHEDULING

Appellant,

6
7

)

vs.
DEPARTMENT OF CORRECTIONS,

8

Respondent
9

10
11
12
13

14
IS

16

)
)
)
)
)
)

Notice is hereby given that pursuant to WAC 358-30-010(3), a hearing on the appeal before the
Personnel Appeals Board has been set for Wednesday, April 28, 1999, beginning at 9 a.m. The
hearing will be held in the Personnel Appeals Board Hearing Room, 2828 Capitol Boulevard,
Olympia, Washington.
The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies of, and when possible, stipulating to exhibits. The parties shall bring
six (6) copies of the premarked exhibits which they intend: to offer into evidence. Whenever
possible, the parties should exchange witness lists prior to the day set for the hearing.
If the services of an interpreter are needed, notify Personnel Appeals Board staff at least two weeks
prior to the hearing. The hearing site is barrier free and accessible to the disabled.

17

18

DATED this 16th day of September, 1998.
19

20

WASHINGTON STATE PERSONNEL APPEALS BOARD
21

22

Teresa Parsons, Hearings Coordinator
(360) 664-0479

23

24
25

26

cc:

Bruce Barrett, Appellant
Louis Baker, WPEA
Elizabeth Van' Moppes, AAG
Jennie Adkins, DOC
Personnel Appe:l1s Board
2828 Capitol Boulevard
Olympia. Washington 98504

0743

ce:MlC~

.(arU\t/

2828 capitol Blvd.
PO Box 40911
Olympia, WA 98504-0911

VOICE (364) 58~1481
FAX (364) 753.0139

&MAIL info-pab@pab.state.wa.us

STATE OF WASHINGTON

PERSON NEL APPEALS BOARD
HOME PAGE www.wa.gov/pab

April 27, 1999

RE:

Broce Barrett v. Department of Corrections. Suspension Appeal,
Case No. SUSP-97-0037

Dear 1'1r. Barrett:
Enclosed is a copy of the Order Granting Continuance in $e above-referenced matter.
The order was entered by the Board on April 27, 1999.
Sincerely,

Don BeIlllett
Executive Secretary
DB:mt
Enclosure
cc:

Elizabeth Van Moppes, AAG
Jennie Adkins, DOC

0744

o

BEFORE TIIE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3

BRUCE BARRETI,

4

Appellant,

s

v.

6

)
)
) Case No. SUSP-97-o031
)
) ORDER OF CONTINUANCE
)
)
)
)

DEPARTMENT OF CORRECTIONS,

7
8

Respondent.
---=------------

9

This matter

10
11

~e

before the Personnel Appeals Board, WALTER T. HUBBARD, Chair, and

NATHAN S. FORD JR., Vice Chair, on consideration of the Board's motion to continue the
hearing.

Due to the Board's inability to contact Appellant's heirs and after consultation with

Respondent, the Board determined that the hearing scheduled for April 28, 1999, should be
12

continued. The Board having reviewed the files and documentation and being fully advised in the
13

premises, now enters the following:

14

ORDER

IS

NOW, THEREFORE, IT IS HEREBY ORDERED that the hearing scheduled for April 28, 1999, is

16

continued to a date to be detennined.

17

DATED this

{)1

fk

day of

18

¥J

,1999.

WASHINGTON STATE PERSONNEL APPEALS BOARD

A/tv$r( Jt~

19

"

20

Wal~~r7Hybbird,C ~t;;':1 •
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Nathan S. Ford J '., Vice Chair,'-:

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22
23
24
2S

26
Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98504

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2828 Capitol Blvd.
PO Box 40911

vOla (360) 586-1481

fAX (360) 753-0139
E-MAIL info-pab@pab.state.w~

Olympia, WA 98S1)4.{)911

STAle OF WASHINGTON

PERSONNEL APPEALS BOARD
HOME PAGE www.wa.gov/pab

April 27, 1999

Bruce Barrett

-RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal.
Case No. SUSP-97-0037

Dear Mr. Barrett:
Enclosed is a copy of the Order Granting Continuance in !he above-referenced matter.
The order was entered by the Board on April 27, 1999.
Sincerely,

Don Bennett
Executive Secretary
DB:mt
Enclosure
cc:

Elizabeth Van Moppes. AAG
Jennie Adkins, DOC

0746

BEFORE TIlE PERSONNEL APPEALS BOARD

1

STATE OF WASHINGTON

2
3
4

BRUCE BARRETT,

)
)

Appellant,

) Case No. SUSP-97-o031
)

v.
6

) ORDER OF CONTINUAi"lCE

DEPARTMENT OF CORRECTIONS,

)
)
)

_ _...;;R;,;;,;e~sp~o;,;;;n_de;;,;;;n;,;;,;,t.

)

7

8
9

This matter tame before the Personnel Appeals Board., WALTER T. HUBBARD, Chair, and

10

NATHAN S. FORD JR., Vice Chair, on consideration of the Board's motion to continue the

11

hearing. Due to the Board's inability to contact Appellant's heirs and after consultation with

12

Respondent, the Board determined that the hearing scheduled for April 28, 1999, should be
continued. The Board having reviewed the files and documentation and being fully advised in the

13

premises, now enters the following:

14

ORDER'

15

NOW, THEREFORE, IT IS HEREBY ORDERED that the hearing scheduled for April 28, 1999, is

16

continued to a date to be determined.

17

DATED this

18
19

20
21
22

91th-day of ~J

,1999

WASHINGTON STATE PERSONNEL APPEALS BOARD

/{JtV1t

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Walt~r T;"'HUbb3rd,~U;0" /~
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Nathan S. Ford J '., Vice Chair.. ··:·(

.

23

24
25

26
PetSonnel Appe:l1s Board
2828 Capitol Boulevard
Olympia. Washington 98504

0747

cc~c~
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~)S86-1481

2828 Capitol Blvd.
PO Box 40911
Olympia. WA 98504-0911

FAX (360) 753-0139

E-MAIL inf.o-pab@pah.state.wa.us

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD

RECEIVED

HOME PAGE www.wa.gov/pab

JUN· 2 1999
oeo.tmentol Con~
0i'S ~ ,
ICl8IS

June 1, 1999

Roger Barrett

RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal.
Case No. SUSP·97-0031

Dear Mr. Barrett:
Enclosed is a copy of the order of the Personnel Appeals Board in the above·referenced
matter. The order was entered by the Board on June I, 1999.
Sincerely,

Don Bennett
Executive Secretary
DB:mt
Enclosure
cc:

Elizabeth Van Moppes, AAG
Jennie Adkins, DOC

0748

o
:.

SiVQiQIDii

vAM"ii!,(

.

.. . . . .. . :.V::V.;;'~"~:;NtzAW".t ...

~'.

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3

)
4

BRUCE BARRETT,

s
6

7

)
)

Appellant,

~

vs.
DEPARTMENT OF CORRECTIONS,

MOTION AND ORDER OF DISMISSAL

)
)
)
)

Respondent

8
9

) Case No. SUSP-97-0031

The Appellant, by and through the undersigned Personal Representative of the Estate of Bruce

10

Barrett, hereby notifies the PersOIU1el Appeals Board that he wishes to withdraw the above-entitled

II

appeal.

12

DATED

_/

0/17/99

7

'.

7

(//$a~

P,rso al Representative

13

This matter came on regularly before the Personnel Appe;l1s Board on the consideration of the

14

request of the Appellant's Personal Representative to withdraw the above-entitled appeal. The

IS

Board having reviewed the files and records herein, being fully advised in the premises, and it

16

appearing to the Board that the Personal Representative of the Estate of Bruce Barrett has requested
to withdraw the appeal, now enters the following:

17

ORDER
18

NOW, TtIEREFORE IT IS HEREBY ORDERED that the request to withdraw the appeal is

19

granted and the appeal is dismissed.

20

DATED this / Sr day of

J UA'l.L,-=-__,J!ffl

21
22

23
24

25
26

074
Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504.

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ceo. M lC.C.V
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2828 ~pitol Blvd.
PO Box 40911

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VOICE (360) 586-1481
FAX (360) 753-0139
E·MAll info-pabepab.state.wa.us

Olympia. WA 98504-0911
Ds;:anmr)::l( '.;'f

••• ~.-.~ .Ln';:;.~

STATE OF WASHINGTON

DiviSjcr.oi~';!l'l1;P'ERgOONEL

APPEALS BOARD

HOME PAGE www.wa.gov/pab

September 23, 1998

PROPOSED LIST OF CUT-OFF DATES

Broce Barrett v. Department of Corrections
Case No.: SUSP-97-0031 (Suspension appeal)
This statement is issued to record dates controlling the subsequent course of the proceedings in
the above-referenced appeal. In lieu of a pre-hearing conference, the following dates for
completing discovery, exchange of lists of witnesses and exhibits and other prehearing matters
are proposed.
1.

Discovery is to be completed by March 29, 1999. Requests for discovery must be
served with sufficient time for responses to be completed by March 29, 1999.

2.

Witness lists and exhibit lists are to be exchanged on or before April 21, 1999.
The parties reserve the right to supplement the lists.

3.

Pre-hearing briefs, if prepared at the discretion of the parties, will be filed on or before
April 23, 1999 in accordance with WAC 358-30-045.

4.

The hearing in this matter will be held on April 28, 1999 beginning at 9:00 Ai\1 in
Olympia, Washington.

_
The pre-hearing conference is scheduled for 9:00 Ai\1 on April 21, 1999. At that time, the
Executive Sc:cretary or designee will initiate a conference call with the parties' representatives to
discuss possible stipulations on witnesses, exhibits, and the issue to be presented for
determination by the Personnel Appeals Board.
The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies of exhibits and., if possible, stipulating to admission of exhibits.
The parties shall bring six (6) copies of the pre-marked exhibits which they intend to offer into
evidence.

07~O
.~.-

o

\.

Statement ofResu1ts ofPre-.....dring

September 23, 1998
Page 2

ADy objections or corrections must be filed with the Executive Secretary Within 20 days of
the date of this statement aDd shall, at the same time, be served upon each of the

participants named above. This statement becomes part of the official record of the
proceedings, and the stipulations wiD be binding on the parties, unless this statement is
modified for good cause.

PERSONNEL APPEALS BOARD

BY:~~
Don Bennett

Executive Secretary

.'

.

0751
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2828 capitol Blvd.
PO 80.40911
Olympia, WA 98504-6911

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VOICE (360) 586-1481
FAX (360) 753-4139
E-MAIL info-pab@~.state.wa..us

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1,. . . ".,

STATE Of WASHINGTON
D3;;3nm";7ri C' .;,;:: ;·:ut:·:~.~
~i.,isicr oi '':HfTi'PE~SOO

N EL APPEALS BOARD

HOME PAGE www.wa.gov/pab

September 23, 1998

PROPOSED UST OF CUT-OFF DATES
Bruce Barrett v. Department of Corrections
Case No.: SDSP-97-0031 (Suspension appeal)
This statement is issued to record dates controlling the subsequent course of the proceedings in
the above-referenced appeal. In lieu of a pre-hearing conference, the following dates for
completing discovery, exchange of lists of witnesses and exhibits and other prehearing matters
are proposed.
1.

Discovery is to be completed by March 29, 1999. Requests for discovery must be
served with sufficient time for responses to be completed by March 29, 1999.

2.

Witness lists and exhibit lists are to be exchanged on or before April 21, 1999.
The parties reserve the right to supplement the lists.

3.

Pre-hearing briefs, if prepared at the discretion of the parties, will be filed on or before
April 23, 1999 in accordance with WAC 358-30-045.

4.

The hearing in this matter will be held on April 28, 1999 beginning at 9:00 AJ.\{ in
Olympi~ Washington.

The pre-hearing conference is scheduled for 9:00 AM on April 21, 1999. At that time, the
Executive Secretary or designee will initiate a conference call with the parties' representatives to
discuss possible stipulations on witnesses, exhibits, and the issue to be presented for
determination by the Personnel Appeals Board.
The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies of exhibits and, if possible, stipulating to admission of exhibits.
The parties shall bring six (6) copies of the pre-marked exhibits which they intend to offer into
evidence.

0752

··,.. .::::rR;::;;IiJ:;::;;,:.;;:;::;:::g:::;s: 666iJiJ.

'Statement of Results ofPre-.-uing
September 23,1998
Page 2

Any objections or corrections must be IDed witlt..the Executive Secretary within 20 days of
the date of this statement and shall, at the same time, be served upon each of the
participants named above. This statement becomes part of the official record of the
proceedings, and the stipulations will be binding on the parties, unless this statement is
modified Cor good cause.

PERSONNEL APPEALS BOARD

BY:~~
Don Bennett
Executive Secretary

STATE OF WASHINGTON

2828 Capitol Blvd.
PO Box 40911

Olympia. WA 98504-&911

PERSON NEL APPEALS BOARD

August 21, 1997

Kenneth F. Brett.
Washington Public Employees Association
124 - 101lI Avenue SW
Olympia. WA 98501

RE:

Bruce Barrett v. Department of Corrections. Suspension Appeal,
Case No. SUSP-97-0031

Dear Mr. Brett:
This letter is to acknowledge receipt of the above entitled appeal by the Personnel Appeals Board
on August 21, 1997.
Sincerely,

Q4/:c,-Lh;...~I'-L
I .~
L~tsch
r
Kenneth J.
Executive Secretary
K1L:lh
cc:

Bruce Barrett
Linda A. Dalton. AAG
Jennie Adkins. DOC

0754
l:'.lhlncwappl\bllnClt.doc

.

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WPEA HQ OLYMPIA

FAX NO. 3603577627

P. 02

WS1'-'\"1 ~003 \
APPEAL FORM
PH:

FAX:

SCAN 321-1411
(360) 586-148\
(360) 753-0 DC]

PRINT OR TYPE· SIGN ON PAGE 2

APPELLANT IDENTIFICATION

PART I.

NAME;,_~8A-Uf:1L

_

g~lLA=:~-

lUSt name. rU111l0lmC,lltid4IC iAilia!)

~MEADD~~:~~~~~~~~~~~~~~
WORKt.~ S8'8-Q~

PHONE NUMBERS:
(Include

~:l

cuclcl

1L...-_ _

HOME:,

EMPLOYING AGENCY OR rNSl111JTION:,_ _

_

~D~o~q:s=f-...:.M~L:...:C::::.=::c...-----------­

AGENCY OR rNSTITUTION THAT TOOK ACTION YOU ARE

APPEAUNG:,~Q~f)~c...._,.t~M.lf.I.(
I ....C"""-----

TYPE OF APPEAL

PART III.

CHECl< ONE OF THE FOLLOWING TO lNDICA TE THE TYPE OF APPEAL YOU ARE fiLING:
~ a. Discip1in3r'Y: (c;n~k :I.ppliC:J.ble action(s).
_
Dismiss'll.
VSuspension.

_ _Demotion,

b.

Dis~ility

~.

Rul~

d.

Reduc::ion in Fure::b.yoff(compl.:tc: ?:m IV. of this form):

~.

1\II(lc~[h:Jn (position ':!J.Ssific~on) (complc:t~

_ _Reduc;tion in Salary;

S.:parution:

Qr Law Violation (c:omplo:te Pm rv. of this form):

P:trt V. afthis form);

0755
___

~

E.,{'::Tl~~ion

or ?osililJn.

AU~21-97 THU

12:28

WPEA HQ OLVI1PIA

FAX NO. 3603577627

P.03

..
PART LV,

RULE \flOtATION OR RfDUCTION-IN·FORCE APP£ALS ONLY

Wbat RWe(s) or U\II(s) do you believe wc:re violated?

Erplain the particular cirannstanccs of the 3Jleged 'Itolation:

How were you ad'i'ersely affected by rhe :111~cd violation?

What remedy are )Iou requesting in this

'PARTV.

e:ue~

ALLOCAnON APP£.~LS ONtY

What is your present c:las3ific::mon?

_

To which class do you think your position mould be alloc:41ted?

_

Has there been 1 detennin01tion m:uic by lhe Director ofth.: Department ot'Personnel or designl:c? Ye!_ No_
(fso. when and by whom?,

_

Ple:sse identify the specific: eXC:ildoas you are ::lking to the Dirl:ctor's determination and th~ portions oCdIe dete:mination to
which you
_
d~crrec:,

PIc:LSC! :utacb:a copy o( the Direc[Qr's detc:r'minDtion to this rorm punu:Jnt to WAC 358-~O-t)40(:1.

f{e,.UJC!"l'H-~. t~·

SIGNATUItE

~~-R-R.E-PR""E""5~CN-."'T-A~n~V~E------'-

075S

___~~~~~97
DA : :: :lKll

ED

AOG-21-97 THU 12:29

!-lASE RIVELANO
Seaciliry

WPEA HQ OLYMPIA

FAX NO. 3603577627

P.04

A
.,
STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
McNEIL ISLAND CORRECTlONS CENTER
P.O. 80x 900 • Steilacoom. ~shi"cron 98388-0900

July 28, 1997
Bruce Barrett
PERSONAL SERVICE ••
CONFlPENTIAL
.

Mr. Barrett:
.. This is official notification of your suspension in your position as a Correctional Health
Care Specialist 2 with the qepartment of Corrections (DOC). McNeil Island
Corrections Cemer (MICC) Range 59 Step K at .$4,315 per month effective August
, 7, 1997 through August 24, 1997.
This disciplinary action is taken pursuant to the authority of the Civil Service Laws of
Washington State, Chapter 41.06, RCW, and the Merit System Rules, Title 356
WAC (MSRL Section 356-34-010 (1) (a) Neglect of duty, (h) Gross misconduct and
(i) Willful violation of published employing agency or Department of Personnel rules or
regulatio ns, and 356 -34-03 O-Suspension-Duration--Procedure.
Specifically, you neglected your duty, committed gross misconduct and willfully
violated departmental policy when on March 14, 1997, b~ur own admission, you
were improperly masked when you accompanied Inmate~OC No.~ho
was possibly infected with an active case of Tuberculosis (TB), to the Washington
Corrections Center (WCC).. You have a full beard, which does not allow the HEPA
mask to form a proper seal. This incident is described in detail in the Employee
Conduct Report (ECR) completed on June 10,1997 (Attachment 1).
As an employee of this department, you have a duty to fallow all departmental and
institutional procedures and to perform your duties safely. Also. as a Correctional
Health Care Specialist", you act as a role model for other staff to follow. When they
see you blatantly disregarding established procedures, you re'f1ect the poorest of
examples.
You admitted being aware that you were violating policy. You knew that because
you wear a full beard, the HEPA mask cannot be fit tested on you. Despite this
knowledge, you dismissed the precautions as being a "farce," Even when a nurse
told you that you were not properly masked, you disregarded her warning and chose
to accompany the inmate. You knew what you did was wrong, but felt you were.
above following the appropriate protocols.
0757

AUG-21-97 THU 12:29

WPEA HQ OLYMPIA

FAX NO. 3603577627

P, 05

Bruce Barrett
July 28, 1997
Page 2 of 4
On September 10, 1993, you signed an ~cknowledgment of Receipt of DOC
Employee Handbook" stating that you agreed to become familiar with and have a
thorough knowledge and understanding of its contents (Attachment 2). By your
actions, you failed to follow the Department Expectations outlined on Page 3 of that
handbook (Attachment 3), which states in pertinent part:
U

"'DEPARTMENT,.EXPECTATIONS
As a representative of the Department of Corrections, you will be expected to:

•

Conduct yourself and perform your duties safely;"

By your signature on a memorandum entitled, "Responsibility for Operation
Instructions/Policies and Procedures" (Attachment 4), on March 1, 1993. you
acknowledged your responsibility to become familiar with and follow MiCe
Operational Instructions. Policies andlor Procedures.
You failed to comply with MICC Field Instruction 890.61 0 ~ Employee Tuberculosis &.
HEPA Respirator Program (Attachment 1, pages 12 - 23), which states in pertinent
part:
"4.
Respiratory Protection - HEPA Respirator Program
g.
Facial Hair - Individuals assigned to wear HEPA respirators shall
follow manufacturer's recommendations regarding facial hair that
interferes with the seal of the HEPA respirator. '"
The manufacturer's recommendations (Attachment 5) state in pertinent part:
"Q:

Is there a different protocol to be follo·wed when Fit Testing an
Employee who has facial hair?

A:

No; however, OSHA will not allow a person with facial hair to be fit
tested for a respirator if the facial hair interferes with obtaining a facial
fit. "

14, 1997, you' took it upon yourself to diagnose Inmate _DOC No.
hom you were accompanying with the transport CorrectionaT"Officers to
, s not having active TB and wore the HEPA mask over your full beard during
the trip. In fact, you fit tested the correctional officers who made up the rest of the
transport team. It is inconceivable to me that you took the time to ensure other
staff were properly fit tested and then modeled opposite behavior. Additionally, AN
Nancy Armstrong confronted you, telling you that you could not be properly masked
n M

_

0758

WPEA HQ OLY11P IA

FAX NO. 3603577627

P.06

Bruce Barrett
July 28, 1997
Page 3 of 4
with your full beard and should not accompany the inmate. You continued your poor
judgment and disregard.ed her warning as being an overreaction.
You are not a physician. It is not your responsibility to independently diagnose a
patient and arbitrarily decide that the precautions that were put in place could be
disregarded based an your opinion. Yet, that is exactly what you did.
Only a
physician can make the determination that a patient does nat have TB. That
confirmation did- not occur until March 17, 1997. By flagrantly disregarding the
above cited procedures, you not only potentially put your awn health at risk, but that
of your fellow staff members and the inmates you are charged to medically treat.
'. Your failure to perform your duties safely and per established policy also contributed
to a $2,000 fine being levied against MICC by the Department of Labor and
Industries.
By your actions, you neglected your duty as a health care professional and DOC
employee. By your own admission, you were familiar with the above cited policy but
willfully choose to violate it and accompany the inmate to WCC. As a Health Care
Specialist you have contact with inmates and staff throughout the institution, and
your unrepentant disregard for policy carries a higher degree of potential to adversely
impact MICC's ability to safely treat inmates and protect staff members and inmates
from unnecessary infections. Your actions are so egregious that they rise to the level
of gross misconduct.
As a health care professional with over 19 years of experience, I am disappointed in
your lack of judgment and egotistical attitude. You are not above policy. I expect
you to follow established policies and practice your profession safely. The policies
you arbitrarily ignored are established for your and others' protection. Had your
"diagnosis" been wrong, not only would you have possibly infected yourself with TB.
but you would have needlessly secondarily effected countless staff members and
inmates. You put yourself above medical protocol that is designed to not only protect
you, but others as well. Your actions are inexcusable and this institution paid for
your arrogance with a $ 2,000 fine. The role you modeled was contradictory to the
actions you took ensuring accompanying staff were properly fit tested and protected
during the transport of the inmate. Sending a 'Do as I say, nat as I do' message is
completely unacceptable and below the standard of professional performance
required of any DOC employee. Based on your actions and your inabilitY to see the
ramifications of your actions, I conclude that the sanction described in the first
paragraph of this letter is appropriate.
Attachment(s) one through five are attached hereto and by this reference, made a
part hereof as though fully set forth herein.

075~r

.
AUG-21-97 THU 12:31

WPEA HQ OLVl1PIA

FAX NO. 3803577627

P.07

Bruce Barrett
July 28, 1997
Page 4 of 4
Under the provisions of WAC 358-20-010 and 368·20-040, you have the right to
appeal this action OR to file a grievance per Article 1 0 of the Collective Bargaining
Agreement between the Department of Corrections and the Washington Public
Employees Association. If you file an appeal, it must be filed in writing at the Office
of the Personnel Appeals Board, 2828 Capitol Boulevard, Olympia', Washington
98501, within thirty (30) days after the effective date stated in the first paragraph of
this letter.
The Merit System Rules, WAC's, Department of Corrections policies and the
Collective Bargaining Agreement are available for your review upon request.

~J;fIJ;JJJt-

Belinda D. Stewart, Superintendent
McNeil Island Corrections Center

Attachment(s) :

cc:

Tom Rolfs, Director, Division of Prisons
Jennie Adkins, Director, Division of Human Resources
Donna Grazzini, WWC Area Personnel Manager
Rose Mattison, MiCe Personnel Officer
Linda Dalton, Sr. Assistant Attorney General
Employee Perso,,:,nel File

(\76.0

. . .t.J.nt.. dt.J. ..#,Ut.t... .¥.t,d., .'C c ..

..J.b.v.3i«wiP<

. . . . . . . . . .0. . . A0,:;.&W«!iiJX!(

. .<!"':"':"":':<.... :OW•. Q,

•

"'&0X!(

i . .. ... %.&V.b.4.o.((i:::;:::X'«,

... !i.6tL..kn

."C"

.

.

,USiJi:;c:ag:;;;;:::;;·::;:;::"k·

2828 Capitol 81vd.
PO BoIC.$0911
Olympia. WA 98504-6911

STATE OF WASHINGTON

PERSON NEL APPEALS BOARD

August 21, 1997

Kenneth F. Brett.
Washington Public Employees Association
124 - tOlII Avenue SW
Olympia, WA 98501

RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal,
Case No. SUSP-97-0031

Dear Mr. Brett:
This letter is to acknowledge receipt of the above entitled app'eal by the Personnel Appeals Board
on August 21, 1997.
Sincerely,

Ql.tl:d
hJ:.-/l-'- ~e,
""'£~eth
1. LJ1tsch

Executive Secretary
KJL:lh
cc:

Bruce Barrett
Linda A. Dalton, AAG
Jennie Adkins, DOC

0761
z:'.Ihlnc\V:lppl\b:IITClI.l!oc

AU~21-97

THU 12:27

WPEA HQ OLYl1P IA

FAX NO. 3603577627

P.02

':YuS1' -'\"1 ~oo 3 \
APPEAL FORM
PH:

SCAN 321-1481
(360) 586--1481

FAX:

P.-\RT I.

APPELLA1~T

(360) 7SJ-olj9

PIUNT OR TYPE· SIaN ON PAGE 2
IDENTIFICATION

ieJXE:

_

NAME:,_---:BtiU£lL
lUst :lame. flNlll:llllC. IJadalc iAidai)

HOMEADD~R~~~~~~~~~~~~~_
WORl<~ S]'8-Q~ 11...--__

PHONE NUMBERS:
(IDellIdc :1te3 cuclcl

liOME:

_

D~QrL.c/~~M~l

EMPLOYING AGENCY OR lNSllTUTION:,_ _

C.=.=::c:.._·

_

AGENCY OR INSTITUTION THAT TOOK ACTION YOU ARE APPEAl.ING:,---:O~<J~C"'4!-/M~( C...!!'
I

_

TYPE OF' APPEAL

PART 1Il.

CHECK ONE OF THE FOLLOWfNG TO CNDICATE THE TYPE OF APPEAL yOU ARE FILING:
~ a. Oisciplin3ry: (l;h~k 3pplicable ac:oon(s).
_
Dismissal.
l,../'Suspensicn,

_ _Demotion.

_Reduction in Salary;

b. Disability S~p:lr.1tion;
1:.

Rul~

d.

Rduc::h>n in Fure=:1.3yoff(complttt Part IV. afmis form):

0:.

AlInc::tion (?()sitiun c!,JSsifiC::1C:on) (compl¢t~ P:lrt

()f

Law Vil)lulion (complete Part IV. oi this fonn):

v. of this form):

0762
___

~.

:.'(.::n;:::on

or ?oSII1,.,n.

---------_._-

---

WPEA HQ OlYt1P IA

Al:Kr-21-97 TIm 12:28

P,03

FAX NO. 3803577627

..

..
PART IV,

RULE VIOLATION OR R£DUCTION-IN-FORCE APPEALS ONLY

What RuJe(s) or uw(S) do you believe were violated?

E:tplain the particular circumstances of me 3Jlegcd violation:

How were you ad"ersely affeacd by the 3J1~cd ..iolation7

WhOlt remedy are you requesti.og in this e:ue ~

; PARTY,

ALLOC,~TION

What is your present

APPE.ALS ONLY

_

c:lassifi~on?

To which chw do you think your position should be aUoQted?
HilS mere been a determination m:ufe by dt~ Director oimt Depanmcnt ot'Persounel or design~e?

_
Ve!_ No__

(fso, when and bywltom?,

_

PIe:1Se identify th~ specific ex~ptions you at!: =skin; to th.: Oirc:c:or's determination and !be portions of~c dttmninatiun to
which you disagTft:,
_

Ple:l.SC! aet3cb

:I

copy of the Director's determinution to this rnrm pursu:1nt to WAC J~8·!O-:)40C:1,

itef'lJJ~,..t4- ~. ~~.

SIGNATURE

~~R. REPRE5CNTA nVE

A~21-91

THU 12:29

iASE RIVS.AND

Secretary

FAX NO. 3603511621

WPEA HQ OLYl1PIA

P.04

•

STATE Of WASHINGTON

DEPARTMENT OF CORRECTIONS
McNEil ISLAND CORREcnONS CENTER
P.O. 80x 900 • Steilacoom. ~sh;ngron 98388-0900

July 28, 1997

PERSONAL SERViCe -CONFIP ENTIAL

Mr. Barrett:
#

This is official notification of your suspension in your position as a Correctional Health
Care Specialist 2 with the qepartment of Corrections (DOC). McNeil Island
Corrections Center (MICC) Range 59 Step K at $4,315 per month effective August
17, 1997 through August 24, 1997.
This disciplinary action is taken pursuant to the authority of the Civil Service Laws of
Washington State, Chapter 41.06, RCW, and the Merit System Rules, Title 356
WAC (MSR), Section 356-34-010 (1) (a) Neglect of duty, (h) Gross misconduct and
(i) Willful violation of published employing agency or Department of Personnel rules or
regulations. and 356-34-030-Suspension-Duration--Procedure.
Specifically, you neglected your duty, committed gross misconduct and willfully
violated departmental policy when on March 14, 1997, ~our own admission, you
were improperly masked when you accompanied Inmat~DOC No.~ho
was possibly infected with an active case of Tuberculosis (TBI, to the Washington
Corrections Center (Wec).. You have a full beard, which does not allow the HEPA
mask to form a proper seal. This incident is described in detail in the Employee
Conduct Report IECR) completed on June 10, 1997 (Attachment 1).
As an employee of this department, you have a duty to follow all departmental and
institutional procedur~s and to perform your duties safely. Also, as a Correctional
Health Care Specialist, you act as a role model for other staff to follow. When they
sea you blatantly disregarding established procedures, you reflect the poorest of
examples.
You admitted being aware that you were violating policy. You knew that because
you wear a full beard, the HEPA mask cannot be fit tested on you. Despite this
knowledge. you dismissed the precautions as being a "farce." Even when a nurse
told you that you were not properly masked, you disregarded her warning and chose
to accompany the inmate. You knew what you did was wrong. but felt you were
above following the appropriate protocols.

0764

Ab1i-21-97 THU 12:29

WPEA HQ OLYMP IA

FAX NO. 3603577627

P.OS

Bruce Barrett
July 28, 1997
Page 2 of 4
On September 10, 1993, you signed an "~cknowledgment of Receipt of DOC
Employee Handbook'" stating that you agreed to become familiar with and have a
thorough knowledge and understanding of its contents (Attachment 2). By your
actions, you failed to follow the Department Expectations outlined on Page 3 of that
handbook (Attachment 3), which states in pertinent part:
"DEPARTMENT EXPECTATIONS
As a representative of the Department of Corrections, you will be expected to:

*

Conduct yourself and perform your duties safely;"

By your signature on a memorandum entitled, "'Responsibility for Operation
Instructions/Policies and Procedures" (Attachment 4), on March 1, 1993, you
acknowledged your responsibility to became familiar with and follow MICC
Operational Instructions, Policies and/or Procedures.
You failed to comply with MICC Field Instruction 890.610 - Employee Tuberculosis &
HEPA Respirator Program (Attachment 1, pages 12 - 23), which states in pertinent
part:
"4.
Respiratory Protection - HEPA Respirator Program
g.
Facial Hair· Individuals assigned to wear HEPA respirators shall
follow manufacturer's recommendations regarding facial hair that
interferes with the seal of the HEPA respirator."
The manufacturer's recommendations (Attachment 5) state in pertinent part:
"Q:

Is there a different protocol to be followed when Fit Testing .an
Employee who has facial hair?

A:

No; however, OSHA will not allow a person with facial hair to be fit
tested for a respirator if the facial hair interferes with obtaining a facial
fit...

On March 14, 1997. you· took it ~pon yourself to diagnose Inmate. DOC No.
whom you were accompanying with the transport CorrectionarDfficers to
~ not having active TB and wore the HEPA maslc over your full beard during
the trip. In fact, you fit tested the correctional officers who made up the rest of the
transport team. It is inconceivable to me that you took the time to ensure other
staff were properly fit tested and then modeled opposite behavior. Additionally. RN
Nancy Armstrong confronted you, telling you that you could not be properly masked

_

0'765

.W@S1

,6..01

nt

~ <.' c. .'W.Q.W.

. d ... &...,;u;,W.Q.Q(

...

hw.s.c..:;,

.......... 4,Q' ( , ..

..:.:.. l~ .... .t.vmu;:::::;o:w;. ; ( ;; M-

AUG-21-97 THU 12:30

WPEA HQ OLYMPIA

FAX NO, 3603577627

P,06

Bruce Barrett
July 28, 1997
Page 3 of 4
with your full beard and should not accompany the inmate. You continued your poor
judgment and disregard.ed her warning as being an overreaction.
You are not a physician. It is not your responsibility to Independently diagnose a
patient and arbitrarily decide that the precautions that were put in place could be
Only a
disregarded based on your opinion. Yet. that is exactly what you did.
physician can make the determination that a patient does not have Ta. That
confirmation did- not occur until March 1 7. 1997. By flagrantly disregarding the
above cited procedures. you not only potentially put your own health at risk, but that
of your fellow staff members and the inmates you are charged to medically treat.
-- Your failure to perform your duties safely and per established policy also contributed
to a $2,000 fine being levied against MICC by the Department of Labor and
Industries.
By your actions, you neglected your duty as a health care professional and DOC
employee. By your own admission, you were familiar with the above cited policy but
willfully choose to violate it and accompany the inmate to wce. As a Health Care
Specialist you have contact with inmates and staff throughout the institution. and
your unrepentant disregard for policy carries a higher degree of potential to adversely
impact MICC's ability to safely treat inmates and protect staff members and inmates
from unnecessary infections. Your actions are so egregious that they rise to the level
of gross misconduct.
As a health care professional with over 19 years of experience, I am disappoir.ted in
your lack of judgment and egotistical attitude. You are not above policy. I expect
you to follow established ~olicies and practice your profession safely. The policies
you arbitrarily ignored are established for your and others' protection. Had your
"diagnosis" been wrong, not only would you have possibly infected yourself with T8,
but you would have needlessly secondarily effected countless staff members and
inmates. You put yourself above medical protocol that is designed to not only protect
you, but others as well. Your actions are inexcusable and this institution paid for
your arrogance with a $2,000 fine. The role you modeled was contradictory to the
actions you took ensuring accompanying staff were properly fit tested and protected
during the transport of the inmate. Sending a 'Do as I say, not as I d?' message is
completely unacceptable and below the standard of professional. performance
re'quired of·any DOC employee. Based on your actions and your inabilitY to see the
ramifications of your actions, I conclude that the sanction described in the first
paragraph of this letter is appropriate.
Attachment(s) one through five are attached hereto and by this reference, made a
part hereof as though fully set forth herein.

tl76G

AL~21-91

THU 12:31

WPEA HQ OLVl1PIA

FAX NO. 3803577621

P.01

Bruce Barrett
July 28, 1997
Page 4 of 4
Under the provisions of WAC 358-20-010 and 358-20-040, you have the right to
appeal this action OR to file a grievance per Article lOaf the Collective Bargaining
Agreement between the Department of Corrections and the Washington Public
Employees Association. If you file an appeal, it must be filed in writing at the Office
of the Personnel Appeals Board, 2828 Capitol Boulevard, Olympia', Washington
98501, within thirty (30) days after the effective date stated in the first paragraph of
this letter.

.,

The Merit System Rules, WAC's, Department of Corrections policies and the
Collective Bargaining Agreement are available for your review upon request.

~

Belinda D. Stewart, Superintendent
McNeil Island Corrections Center

Attachment(s):

cc:

Tom Rolfs, Director, Division of Prisons
Jennie Adkins, Director, Division of Human Resources
Donna Grazzini, WWC Area Personnel Manager
Rose Mattison, MiCe Personnel Officer
Unda Dalton, Sr. Assistant Attorney General
Employee Personnel File

0767

CHASE RlVaANO

Secretary

RECEIVED

.-

AUG 5 1997

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
McNEIL ISLAND CORRECllONS CENTER
P.O. Box 900 • Steilacoom, Washington 98388-0900

.July 28, 1997
Bruce Barrett
PERSONAL SERVICE -CONFIDENTIAL

Mr. Barrett:
This is official notification of your suspension in your position as a Correctional Health
Care Specialist 2 with the Department of Corrections (DOC), McNeil Island
Corrections Center (MiCe) Range 59 Step K at $4,315 per month effective August
17, 1997 through August 24, 1997.
This disciplinary action is taken pursuant to the authority of the Civil Service Laws of
Washington State, Chapter 41.06, RCW, and the Merit System Rules, Title 356
WAC (MSR), Section 356-34-010 (1) (a) Neglect of .duty, (h) Gross misconduct and
(i) Willful violation of published employing agency or Department of Personnel rules or
regulations, and 35 6-34-030-Suspension--Duration--Procedure.
Specifically, you neglected your duty, committed gross misconduct and willfully
violated departmental policy when on March 14, 1997, by your own admission, you
were improperly masked when you accompanied Inmatell DOC No. ~hO
was possibly infected with an active case of Tuberculosis (TB), to the Washington
Corrections Center (WCC) .. You have a full beard, which does not allow the HEPA
mask to form a proper seal. This incident is described in detail in the Employee
Conduct Report (ECR) completed on June 10, 1997 (Attachment 1).
-

As an employee of this department, you have a duty to follow all departmental and
institutional procedures and to perform your duties safely. Also, as a Correctional
Health Care Specialist, you act as a role model for other staff to follow. When they
see you blatantly disregarding established procedures, you reflect the poorest of
examples.
You admitted being aware that you were violating policy. You knew that because
you wear a full beard, the HEPA mask cannot be fit tested on you. Despite this
knowledge, you dismissed the precautions as being a "farce." Even when a nurse
told you that you were not properly masked, you disregarded her warning and chose
to accompany the inmate. You knew what you did was wrong, but felt you were
above following the appropriate protocols.

(:769

Bruce Barrett
July 28, 1997
Page 2 of 4
On September 10, 1993, you signed an "Acknowledgment of Receipt of DOC
Employee Handbook" stating that you agreed to become familiar with and have a
.thorough knowledge and understanding of its contents (Attachment 2). By your
actions, you failed to follow the Department Expectations outlined on Page 3 of that
handbook (Attachment 3), which states in pertinent part:
"DEPARTMENT EXPECTATIONS

As a repr~sentative of the Department of Corrections, yoYwillbe expect~d to:

*

Conduct yourself and perform your duties safely;"

By your signature on a memorandum entitled, "Responsibility for Operation
Instructions/Policies and Procedures" (Attachment 4), on March 1, 1993, you
acknowledged your responsibility to become familiar with and follow MICC
Operational Instructions, Policies and/or Procedures.
You failed to comply with MICC Field Instruction 890.610 - Employee Tuberculosis &
HEPA Respirator Program (Attachment 1, pages 12 : 23), which states in pertinent
part:
"4.
Respiratory Protection - HEPA Respirator Program
g.
Facial Hair - Individuals assigned to wear HEPA respirators shall
follow manufacturer's recommendations regarding facial hair that
interferes with the seal of the HEPA respirator."
The manufacturer's recommendations (Attachment 5) state in pertinent part:

"Q:

Is there a different protocol to be followed when Fit Testing an
Employee who has facial hair?

A:

No; however, OSHA will not allow a person with facial hair to be fit
tested for a respirator if the facial hair interferes with obtaining a facial
fit. "

On March 14, 1997, you' took it upon yourself to diagnose Inmate"DOC No.
~hom you were accompanying with the transport Correction~fficers to
~ o t having active TB and wore the HEPA mask over your full beard during
the trip. In fact, you fit tested the correctional officers who made up the rest of the
transport team. It is inconceivable to me that you took the time to ensure other
staff were properly fit tested and then modeled opposite behavior. "Additionally, RN
Nancy Armstrong confronted you, telling you that you could not be properly masked

076~

Bruce Barrett
July 28, 1997
Page 3 of 4
with your full beard and should not accompany the inmate. You continued your poor
judgment and disregarded her warning as being an overreaction.
You are not a physician. It is not your responsibility to independently diagnose a
patient and arbitrarily decide that the precautions that were put in place could be
disregarded based on your opinion. Yet, that is exactly what you did.
Only a
physician can make the determination that a patient does not have TB. That
confirmation did not occur until March 17, 1997. By flagrantly disregarding the
above cited procedures, you not only potentially put your own health at risk, b4t that
of your fellow staff members and the inmates you are charged to medically treat.
Your failure to perform your duties safely and per established policy also contributed
to a $2,000 fine being levied against MiCe by the Department of Labor and
Industries.
By your actions, you neglected your duty as a health care professional and DOC
employee. By your own admission, you were familiar with the above cited policy but
willfully choose to violate it and accompany the inmate to WCC. As a Health Care
Specialist you have contact with inmates and staff throughout the institution, and
your unrepentant disregard for policy carries a higher degree of potential to adversely
impact MICC's ability to safely treat inmates and protect staff members and inmates
from unnecessary infections. Your actions are so egregious that they rise to the level
of gross misconduct.
As a health care professional with over 19 years of experience, I am disappointed in
your lack of judgment and egotistical attitude. You are not above policy. I expect
you to follow established policies and practice your profession safely. The policies
you arbitrarily ignored are established for your and others' protection. Had your
"diagnosis" been wrong, not only would you have possibly infected yourself with TB,
but you would have needlessly secondarily effected countless staff members and
inmates. You put yourself above medical protocol that is designed to not only protect
you, but others as well. Your actions are inexcusable and this institution paid for
your arrogance with a $2,000 fine. The role you modeled was contradictory to the
actions you took ensuring accompanying staff were properly fit tested and protected
during the transport of the inmate. Sending a 'Do as I say, not as I do' message is
completely unacceptable and below the standard of professional performance
required of any DOe employee. Based on your actions and your inability to see the
ramifications of your actions, I conclude that the sanction described in the first
paragraph of this letter is appropriate.
Attachment(s) one through five are attached hereto and by this reference, made a
part hereof as though fully set forth herein.

0770

Bruce Barrett
July 28, 1997
Page 4 of 4
Under the provisions of WAC 358-20-010 and 358-20-040, you have the right to
appeal this action OR to file a grievance per Article 10 of the Collective Bargaining.
. Agreement between the Department of Corrections and the Washington Public
Employees Association. If you file an appeal, it must be filed in writing at the Office
of the Personnel Appeals Board, 2828 Capitol Boulevard, Olympia, Washington
98501, within thirty (30) days after the effective date stated in the first paragraph of
this letter.
The Merit Sys~em Rules, WAC's, Department of Correc:tions policies and the
Collective Bargaining Agreement are available for your review upon request.

~../irJJIJJrt

Belinda D. Stewart, Superintendent
McNeil Island Corrections Center

Attachment(s) :

cc:

Tom Rolfs, Director, Division of Prisons
,/'Jennie Adkins, Director, Division of Human Resources
Donna Grazzini, WWC Area Personnel Manager
Rose Mattison, MICC Personnel Officer
Linda Dalton, Sr. Assistant Attorney General
Employee Personnel File

0771

..

'

Suspension:_ _1,-W~e;.;e~k-:S~u;-;:s;.<:p..;:.e;.;,ns;;.;io~n..;.....I=S:-:-~:----:-_
(length)
(Total Sloss)

MICC
Employee's Job Location

-'

Dismissal:
Rose Mattison

.-:

----......","""""--:--------~effective)

_-:----/-11 ' ~

Assigned Personnel OfficerlPhone #.

Date completed farm faxed to PO

The attached disciplinary action has been reviewed as noted below. "This information is provided under the
attorney/client relationship and invokes that privilege. It should be considered CONFIDENTIAL in nature:
InitialslTitle

DHR Director

Date

Approve

Disapprove

........

Comments

/
/

. -."

..

.-

..... ..:..

"

.

'0

:- ...>"~'.
'

,

,

;·..... ··>t~
-

.

'"I'

.ia..... ", ...", ..

e hand deliver to all re iewers and return to Leslie carrigg, DHR , 8th Floor, upon completion.
.)

.-

:

A.·• .: .. ; •.

-.

#

~:>

,0'

RECEIVED

DEPARTMENT OF CORREcnONS

I, ,lIol

C)

n

EMPLOYEE PROFILE
Page On. of Two

-.
&rr. tkaJ-IJ1 c1ztL ~a.fI V

1t'lCl7

Name

Classification

&re:tt.J &f-U.<.
. Slatus

DepartlTlent at CamlC1lons
Clvision af Human Resources.
Amount

Current RangeJStep

P-trYn
PROPOSED AcnON:

Sq/K

PIO Date (Affects?)

,

_-..!.J-.!lN~c"<W:l!!i-k",--..:5~l.lld.aOlS'l-oeo5LnlJ,s~il"-Oo4,jOt..l-

;RANGEISTEP

_

TOTAL LOSS

I.D80

($)

($)

To

From

~
._--

JJ lfi-

.:It I.JJ '31$

No.o~OJ
!

i

A. PERSONNBJPAY AcnONS IInfonnatjpn obtained fmm P-2 Oocyments): Original date 01 hire. date(s) of agencyflllStitution
transfer(s), date(s) of promotion(s), date(s) of pay change(s) due 10 disciplinary actlon(s). etc. Ust only information which ;s fe/evant to

the action being proposed.
EFFEcnVE DATe
1

3-1-" ~

TYPE OF AcnON
DATE OF HIRE

CISCIPUNARY7

PA-·c.

--_.-

2

'---

.~---

3

4

·l-····

-

5

-,

6

D

Above Sadien continued on Page Two

B. EMPLOYEE PERFORMANCE EVALUAl10NS
CATES (MCllYr)
From
To

~~3

to

~S

to

Ratings •

Far Exceeds

3-'lLl

F3

3-ct{p

Ratings •
Excaeds

Ratings •
Normal

PrJ'

T),e

C-

A.AD

Ratings •
Minimum

Ratings •

Falls MIn.

Type rmments (Note If EPE Is par
••
of Disciplinary Lettar)

It
E

ff

to
to
10

.

to
10

to

D

.-

Above section continued on Page Two

• Ust PerlormsnCII Dimensions:

A'. Accampllshment of Job Requirements
B • Job Knowledge and Competence
C • Job Reliability

o • Personal Relalions
E • Communications SkiDs
F • Perlormance as SupelVisor

• Indicate Typs of Evaluation:
P • Probationary
A • Annual
T - Trial
S • Special

0773

EMPLOYEE PROFILE
hge Two of Two

c. otHER DOCUMENTAnON
DATE
1

(Chronological Order)

CODE-

3-'3.-~ "1

t-

DESCRIPllON (Note he,.. If Included as part of previous discIplinary letter)

l~----'

,-

-I6em~-~

'/1

'-

'-'

2

3
..

4

5
6

-

7

.

8

o

Above

~ion continued beloW..".

posmve (letters of commendation, ele.)
. ( ~) • NEGATIVE (Latters of reprimand. elc.)
( ;.) • NEUTRAL DOCUMENTS (Training certilicates. ele. - only if felevanl)

* CODES: (+) •
""

COMMENTS ANDIOR SECTIONS CONllNUED FROM PAGE ONE ANDIOR PAGE TWO (If needed) ••••

-------------------------------------_. -'---,

-------------------------------'---_._-_._--

THIS PROALE PREPARED BY,

c6<L ~
J

Slgnatura

0774

60 DAYS = 8/10/97
WPD = E
1 WEEK SUSPENSION

June 17, 1997

PERSONAL SERVICE CONFIDENTIAL

Mr. Barrett:
This is official notification of your suspension in your position as a Correctional Health
Care Specialist 2 with the Department of Corrections (DOC), McNeil Island
Corrections Center (MICC) Range 59 Step K at $4,315 per month effective July 20,
1997 through July 26, 1997.
This disciplinary action is taken pursuant to the authority of the Civil Service Laws of
Washington State, Chapter 41.06, RCW, and the Merit System Rules, TItle 356
WAC (MSR), Section 356-34-010 (1) (a) Neglect of duty, (h) Gross misconduct and
(i) Willful violation of published employing agency or Department of Personnel rules or
regulations, and 35 6-34-030--Suspension-Duration--Procedure.
Specifically, you neglected your duty, committed gross misconduct and willfully
violated departmental policy when on March 14, 1997, by your own admission, you
were improperly masked when you accompanied Inmatell DOC No

ho

was possibly infected with an active case of Tuberculosis (TBl, to the Washington
Corrections Center (WCC). You have a full beard, which does not allow the HEPA
mask to form a proper seal.

This incident is described in detail in the Employee

Conduct Report (ECR) completed on June 10, 1997 (Attachment 1).

As an employee of this department, you have a duty to follow all departmental and
institutional procedures and to perform your duties safely. Also, as a Correctional

077~

Bruce Barrett
June 17, 1997
.Page' 2 of 6
Health Care Specialist, you act as a role model for other staff to follow. When they
see you .blatantly disregarding established procedures, you reflect the poorest of
examples.

You admitted being aware that you were violating policy. You knew that because
you wear a full beard, the HEPA mask cannot be fit tested on you... Despite this
knowledge, you dismissed the precautions as being. a "farce." Even when a nurse
told you that you were not properly masked, you disregarded her warning and chose
to accompany the inmate. You knew what you did was wrong, but felt you were
above following the appropriate protocols.

On September 10, 1993, you signed an "Acknowledgment of Receipt of DOC
Employee Handbook" stating that you agreed to become familiar with and have a
thorough knowledge and understanding of its contents (Attachment 2). By your
actions, you failed to follow the Department Expectations outlined on Page 3 of that
handbook (Attachment 3), which states in pertinent part:

"DEPARTMENT EXPECTATIONS

As a representative of the Department of Corrections, yoy will be expected to:

0776

Bruce Barrett
June 17, 1997
.Page 3 of 6
Conduct yourself and perform your duties· safely;"

•

By your signature on a memorandum entitled.

"Responsibility for Operation

Instructions/Policies and Procedures" (Attachment 4), on March 1, 1993, you
acknowledged your responsibility to become familiar with and follow MiCe
Operational Instructions, Policies and/or Procedures.

You failed to.comply with MiCe Field Instruction 890.610 - Employee Tuberculosis &
HEPA Respirator Program (Attachment 1. pages 12 - 23), which states in pertinent"
part:

"4.

Respiratory Protection - HEPA Respirator Program
g.

Facial Hair· Individuals assigned to wear HEPA respirators shall
follow manufacturer's recommendations regarding facial hair that
interferes with the seal of the HEPA respirator."

The manufacturer's recommendations (Attachment 5) state in pertinent part:
"Q:

Is there a different protocol to be followed when Fit Testing an
Employee who has facial hair?

0777

Bruce Barrett
June 17, 1997
.Page 4 of 6
A:

No; however, OSHA will not allow a person with facial hair to be fit

tested for a respirator if the facial hair interferes with obtaining a facial
fit...

On March 14, 1997, you took it upon yourself to diagnose InmateliDOC No.

~hom you were accompanying with the transport Correctional Officers to

wee, as not having active TB and wore the HEPA mask over your full beard during
the trip. In fact, you fit tested the correctional officers who made up the rest of the
transport team.zJt is

inconceivable to me that you took the time to ensure. other-

staff were properly fit tested and then modeled opposite behavior Additionally, RN
Nancy Armstrong confronted you, telling you that you could not be properly masked
with your full beard and should not accompany the inmate. You continued your poor
judgment and disregarded her warning as being an overreaction.

You are not a physician.

It is not your responsibility to independently diagnose a

patient and arbitrarily decide that the precautions that were put in place could be
disregarded based on your opinion. Yet, that is exactly what you did.

By flagrantly

disregarding the above cited procedures. you not only potentially put your own health
at risk. but that of your fellow staff members and the inmates you are charged to
medically treat. '(our ta"llure to perform your duties safely and per established policy

()'l11!.

-

Bruce Barrett
June 17,1997
'age 5 of 6
also contributed to a $2,000 fine being levied against MICC by the Department of
..abor and Industries.

3y your actions, you neglected your duty as a health care professional and DOC
!mployee. By your own admission, you were familiar with the above cited policy but
Nillfully choose to violate it and accompany the inmate to WCC. As a Health Care
Specialist you have contact with inmates and staff throughout the institution, and
(our unrepentant disregard for policy carries a higher degree of potential to adversely
mpact MiCe's ability to safely treat inmates and protect staff members and inmates'
from unnecessary infections. Your actions are so egregious that they rise to the level
::3f gross misconduct.

As a health care professional with over t 9 years of experience, I am disappointed in
your lack of judgment and egotistical attitude. You are not above policy. I expect
you to follow established policies and practice your profession safely. The policies
you arbitrarily ignored are established for your and others' protection.

Had your

"diagnosis'" been wrong, not only would you have possibly infected yourself with TB,
but you would have needlessly secondarily effected. countless staff members and
inmates. You put yourself above medical protocol that is designed to not only protect
you, but others as well.
your

arrc~a\'\ce with

Your actions are inexcusable and this institution paid for

a $2,000 fine. The role you modeled was contradictory to th; ..

{J779

Bruce Barrett
June 17, 1997
.Page 6 of 6
actions you took ensuring accompanying staff were properly fit tested and protected
during the transport of the inmate. Sending a 'Do as I say, not as I do' message is
completely unacceptable and below the standard of professional performance
required of any DOC employee. Based on your actioris and your inability to see the
ramifications of your actions, I conclude that the sanction described in the first
paragraph of this letter is appropriate.

Attachment(s) one through five are attached hereto and by this reference, made a
part hereof as though fully set forth herein.
Under the provisions of WAC 358-20-010 and 358-20-040, you have the right to'
appeal this action OR to file a grievance per Article 10 of the Collective Bargaining
Agreement between the Department of Corrections and the Washington Public
Employees Association. If you file an appeal, it must be filed in writing at the Office
of the Personnel Appeals Board, 2828 Capitol Boulevard, Olympia, Washington
98501 , within thirty (30) days after the effective date stated in the first paragraph of
this letter.
The Merit System Rules, WAC's, Department of .Corrections policies and the
Collective Bargaining Agreement are available for your review upon request.

Belinda D. Stewart, Superintendent
McNeil Island Corrections Center

A ttachment(s):

cc:

Tom Rolfs, Director, Division of Prisons
Jennie Adkins, Director, Division of Human Resources
Donna Grazzini, WWC Area Personnel Manager
Rose Mattison, MICC Personnel Officer
Linda Dalton, Sr. Assistant Attorney General
Employee Personnel File

0780

OEPi\ATMarr OF CORRECTIONS

EMPLOYEE CONDUCT REPORT

THIS FORM TO BE USED IN COMPLIANCE WITH POLICY DIRECTIVE NO. 857.005

INSTRUCTIONS AND TIME UMITS:
1. The person making the report shall provide a clear description of the incident under "Description of Incident"
and. with any witness(es) or person(s) having knowledge. shall sign in the space provided and submit to the
supervisor of the involved employee within fourteen (14) calendar days after the date of discovery of an
employee's alleged misconduct.
~
2. The form shall be submitted to the employee involved who shall complete the "Employee's Statement" and
return the report to his I her supervisor within seven (7) calendar days following the date of receipt
3. The appropriate supervisor shall review the facts of the incident. complete the "Supervisor's Report" and
submit the report to the Office Head within seven (7) calendar days following the date of receipt.
4. The Office Head or designated representative shall review and within thirty (30) calendar days following the
date of receipt determine whether misconduct has occurred. This shall be reported under "Administrative
Comments" and shared with the employee. When the supervisor and Office Head are the same per.son. the
supervisor's supervisor shall complete the Administrative Comments.
EMPl.oyu_ll\.vm

I

QAGANZAnc»w. UHT

Health Services

Bruce Barrett
PQ5ITlQHnlU

DATIl C1" IHCDEHT

I3-14-97

P sicians Assistant

TIME Cl' IHCDEHT

I11:30

DESCRIPTION OF INCIDENT:

On Aoril

2, 1997, I became aware that you placed yourself at risk for possible exposUre to

'IE in the transport of i n m a t e _

Your facial hair did not allow the Heoa

mask to orovide a protective seal for you.

~llfully

890.610 Emoloyee

Tub~cu1osis

You

disregarded MICC Field Instruction

and Heoa Rest>i..rator Program.

INITlATCD BY:
lWoIE ll'I.l!AU-n

iartin L ons
WITNeSS(ES):

J'an

AI:ms tron

ATTACHMENT ..!... PG .L OF :it.

() 7. 81

RECEIVED
,;23 APl2. '11
\'A:'!e:l11Wld c.c.

DATCDELIVEREO TO EMPLOYEE

"",it:'

)YEE'S STATEMENT:

Signature of
Employee:
~VISOR'S

REPORT:

DATe RECEIVED BY SUPERVISOR

.\

&Tilte '-th
. Signature
0' Supervisor:

Dale:

IIsnAnveCOMMENTS; CATe RECElVec BY OFFICIO HeAD

raZe

met on

May 19.

199 7

to di

SC l l SS

Persannel OffiGer RQse MattisQa,

available to me.

I
1:'

ha~e

'0'

BY:

Also present was

tbi 5 EeR

&asQd OR tee information

determined that miseeeeaet aid eeSQE.
'1:'

acLicIt will follow ttnder

separate cover.

A~CHMarrl-PG~OF~

S~."IW··'6kr4fJ~

OffIce Head:

_

0782
oate:Ho

:917

-J:

E'AHR ;~A;:~';~R'!E
MCNE!!.. !~:_AND

~

cr::r::..

i40~ COMMERCiAL
STE~LACOOM

~ROM:

S:

~:JC-DP-r~-M::'

~6:.:;6~~9

~T-01
W~ y8388-

STEwART BELIND~
MCNEIL ISLAND C.C.
·35 SETTLER STREET
STEILACOOM

~·;'.'-97

GT;:;.

DOC-DP-ri-BS~

7-MAY-97 15:48:04

WA 96388-

:uaJECT: RE: EXTENS!ON

DOC-DP-~i-MB6/HA~62294~e

--------------------------------------------------------------------------STEWAF:T BELINDA
DOC-DP-I1-BSD
:RGM: 3AHR MARJORIE
Doc-n:='-ri -MB6
)ATE: WEDNESDAY 7-MAY-97 AT 2:~SPM
;UBJECT: EXTENSION
:N 4/25 I ASKED FOR AN EXTEN;ION ON NANCY ARMSTRGN~:S ECR !NVEST!G~T:GN.
~ARrLYN SA!D SHE WO!lLD GET IT TO YOU.
i HAVE NOT REC~!VED THE
'JRITTEN WORD. : Ar~ZD FOR THE EX7~NS!CN 3ECAUS~ I CCULD NOT !NTERIIEW THE STAFF INVOLVED BEFQR~ GOING ON VACATION. I WILL HAVE THE
:NVES7IGATION COMFLETE BY 5ii2.

MESSAGE AMENDED BY: DCC-DP-!i-MB6 BAHR
ON: WED

MARJJRI~

7-MAY-97 AT: 3.07PM

. ~.'4&._ •. MESSA;E AMENDED BY:
~!M

... _-

DQC-DP-~1-MB6 BA~R MARJORIE
ON: w~~ 7-MAY-97 AT: J:07?M
SCRRY! THE EXiENZrON wAS ON ER~CE BARRET;.

..... _ .. RQUTED eN: W~~ 7·-MAY-?7 AT
FROM: DGC-DP-I1-MB6 BAH~ MARJORIE
~Q:

DOC-DP-I~-BSD

STEW~RT

B~L!NDA

D~C-DF·-:1-B=D

.. -.

:"1;,

:;~G.

YOUR EXTENTION IS

ST~WA~T

BELINDA

•

~PPRGVEJ.

ON: wED 7-MAY-97 A7:
DOC-DP-li-BSD STEWART BELINDA
TO: DOC-DP-I1-ME6 BAHR MARJCR!~
RO~TED

3'48P~

FF=:rJM:

-----------------~------------------------------------------_._------------!

~

END OF

MESSAG~

~

~

PRINTED GN

7-MAY-97 AT 16:06:25 MA* 8229423

078:
ATTACHMENT .l- PG 2.... OF l....lf

~se RIVElANO

S8a'sCllly

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
McN8L ISLAND.CORRECTIONS CENTER
P.

o. Box 900.

St8ilaccom. WashingtDn 983SS-lJ9OO

May 12,1997

TO:

Belinda 1>. Stewart, Superintendent

FROl\tI:

Marg Babr, CPM

SUBJECT:

ECR ON BRUCE BARRETT. INITIATED ON APRIL 1S, 1997

iiiIiIed

I have investigated the ECR issued to Bruce Barrett on April 15, 1997. The ECR alleges that Mr.
.
himself at risk for possible exposure to TB in the transport of~ ....

The following staff were interviewed: Bruce Barrett, PAC; Marty Lyons, acting HCM; and
Nancy Armstrong, RJ."\(.
During my investigation, I
•
•
•
•
•
•
•

r~viewedand

considered the following attachments:

MICC Field Instruction 890.610, Employee Tuberculosis and Hepa Respirator Program.
Medical Records Report by Dr. Baker, Cpt. Surgeon at Madigan Army Medical Center,
Tacoma, Washington.
Written statement by Dr. AIdan Huff, acting Medical Director at MICe.
Written statement by Dr. Kenneth Ritter.
E-mail from Bruce Barrett written on March 18, 1997 to Marty Lyons, acting He~I.
Addendum submitted by. Bruce Barrett on May 9, 1997.
Order written by Bruce Barrett dated March 14, 1997.

Mr. Barrett was interviewed on April 28 ~ 1997. Also present was' Dale Reed, Chief Shop
Steward. Mr. Barrett bad the following statement to add to his response submitted on April 22,
1997. Mr. Barrett maintains that there was no risk to himself when he accompanied imnate
_ t o wce on Match 14, 1997. Mr. Barrett states it was his clinicaljudgmem (which is
supported by three physiciaos) that ~d not have active TB. Mr. Barrett continues
to mainrain that the only reason inma~as placed in isolation was to alleviate the fears
of the nursing staff and not based on the diagnosis of inma~vingactive TB. Mr.
Barrett states when he received' a telephone call from Mr. Lyons, acting HCM, on March 14,

ATTACHMENT \ .PG

tf. OF 3Y-

0784

:-

Belinda D. Stewart, Superintendent
Page !.
~y

12,1997

_to

1997, directing him to get inmate
wce, it was decided that a nurse would not
accompany the inmate. Mr. Barrett felt at this time it was up to him~ done the best way
he could. When Mr. Barrett decided he would ~ ~ _ wce, he did take
the following precautions: he wore a Hepa mas~ •
ore a mas~ the van bad a solid
shield, and the windows of the van were kept open.
~~ns was intet1liewed on May 7, 1997. Mr. Lyons stated the decision to place inmate
~ isolation was made to alleviate nursing fears and to avoid the complications of the
problems incurriieedith
.
te Cruz. Mr. Lyons also stated that he called ~rr. Barrett and told
him to get inmate
transferred to WCC and that a nurse ~accompany him. ~rr.
Lyons states he
no
ecify who should accompany inma~he left that up to Mr.

Barrett.

_0

Nancy Armstrong, RN, was interviewed on May 7, 1997. Also present was Bob Hall.~Union
Rep. Ms. Armstrong stated when she found out Mr. Barrett was going to accompany inmate .'
wce, she told him it was inappropriate because he bad a beard and could not be fit-·
tested with an N95 TB mask.
Findin~

of Fact

inmate_CO

Bruce Barrett, PAe, wrote the order to transfer
wee on March 14, 1997. Item
#3 scates full respiratory precautions en route. Mr. Barrett was aware that with a full beard the
Hepa mask would not seal properly. Nancy Armstrong reminded him that it was inappropriate
for him to accompany inmate_WCe because he bad a full beard and could not be fitted
properly for a Hepa mask.

Mr. Barrett made the decision to accompany iIuna~to wec based on clinical judgmentthat was supported by three physicians and that ~ a s in isolation to alleviate the
fears of nursing staff, not that he had active TE.
.
MB:ksf
cc:
Bruce Barrett, .PAC
Personnel Officer
Attachments

0785

- -

ATTACHMENT I PG S OF 3U

-

RECEIVED
;1'; Aflft. q 1

TO: MARTIN LYONS, ACTING HCA
FROM: BRUCE H. BARRETT. PAC
AE: ECA DATE SIGNED BY YOU 04115/97
As you are already?-ware, Inmate_
~(not 973123) sustained a stab
wound to the upper abdomen on or about o'l/25i97. The stab wound penetrated .
the abdomen, the mediastinum and the pe ricardium necessitating evacuation to
Madigan Army Medical Center. There he underwent emergency surgery because of
hemorrhage in the mid chest. Following surgery, he developed severe life threatening
complications including intractable atrial'fibrillation that required electrical defibrillation
and adult respiratory distress syndrome that required specialized pulmonary
interventions. A common complication of surgery this extensive and sequalae this
severe is postoperative pneumonia due to the patients inability to effectively breathe
deeply and clear secretions from the lungs. Inmate_evelcped such a
.
pneumonia as documented on an xray taken following his return to MICC. Though Or.
Arkless commented on TS in that repert it in no way means that this patient had TB. In
fact the films were classic for postoperative pneumonia and that was the conclusion of
myself, and Drs. Huff and Ritter. Films taken in the trauma unit at Madigan showed no·
evidence of any TB or preexisting pneumonia TB does not develop in that short a
time frame. There is an old axiom in medicine that states" When you hear hoof beats,
think of horses, not zebras". That kind of thinking leads to correct diagnosis and cost
effective treatment. This information was shared with you en several occasions
including the pre-transfer teleconference With staff at WCC. A chest xray taken
immediately prier to the transfer to WCC was read as almost complete clearing of the
pneumonia as expected. It was understood by all medical staff i~ Drs. Huff
and Ritter. that the first xray had been "overread" and that Inmat~ had postop
pneumonia and not TS. This was understood even before the second xray was taken.
Given the recent history of outside investigations and the ~rvasive in
certain nursing staff, a decision was made to isolate inmate~his was strictly
as administrative admission meant, not to determine if the inmate had T8, but rather to
keep certain nurses from creating further problems. You were fully aware of this as the
admission was discussed with you at length.
Regarding to the transfer, it was done with your full knowledge. support and
encouragement. If you recall, LPN O'Connor had volunteered to attend the inmate on
the transfer. This was discussed with you telephonically with Nancy Armstrong, RN.
Infectious Disease, Tracy Rich and myself. We all agreed that sending LPN O"Connor
was not in the best interests of the institution and was simply asking for trouble.

ATIACHMENT -L PG ~ OF ~

078 S

You stated that you we~e sitting with Steve Ramsey, CPM and Selinda Stewart, Supt
and that they wanted this transfer facilitated immediately. This was in response to a
missing logbook that was used to record entries into the inmate's negative pressure
room. It was felt that there was mischief afoot and that it was prudent to transfer this
inmate. This transfer was done for purely administrative purposes, not for any
compelling medical reason. It was decided that I would accompany the inmate on this
transfer to mitigate any further problems with the supposed level of care he had been
receiving. I did so with your full support, knowledge, encouragement and thanks. .
The diagnosis of TB is not made radiographically. Xrays are but one smaIl part of a
total assessment of a patient The diagnosis is made by carefu~sing the
patient's history, physical findings, laboratory and xray. Inmate~ad none of the
historical facts to support a diagnosis nor any physical findings to support a diagnosis'
of TS. He had no persistent cough, nighttime sweats, low grade fever or weight loss.
He had all the classic signs and symptoms of postoperative pneumonia.
My assessment, along with Drs. Huff and Ritter, were confirmed by James Billingsley,
M.D., pulmonologist, who reviewed the films. Dr. Billingsley's 30 years of experience
as Pierce County's TB medical officer speaks for itself. We have relied on his
exp.ertise several times in the past as your may recall. My 20 plus years as a double
board certified physician assistant should count for something.
Those of us who have practiced along time know that we treat patients and not lab
slips or xray reports. Not all abnormalities found on xray or lab slips are factual or
important They are scrutinized
acted upon according to other data To do
otherwise would put malpractice and extraordinarily expensive. That is what you pay
us for...correct. conscientious and cost effective diagnosis and care.

and

In short, it was clear to all intimately inVOlved, that this inmate did not have
TB and never did. He had uncomplicated postoperative pneumonia His admission
and subsequent transfer were purely administrative. The admission was a charade to
prevent certain nurses from creating more trouble and to mitigate any second
guessing that they might attempt. Nonetheless, they seem to have done it anyway.
Personally, I am stunned and hurt by any accusation that I would put myself, (and
ultimately my children), or anyone else for that matter at risk for any disease process.
am also hurt by the sudden and unexpected reversal of support by you for the care I
have dutifully delivered here at MiCe for the past 4 years. I dare say, I go beyond what
is expected of me in my current position. While we lack a medical director in the formal
sense, I have done What I can to hold the medical staff together and allow us to
continue to deliver that high-quality of medical care that you have every right to expect

ATTACHMENT _l PG ..J.. OF

.

0787

1::1

RECEIVED
"-3

AP~

q,

'::"eillsland c.c.

KJIOitaI

I suspect that this ECR action was generated at a higher administrative level and most
likely did not originate in yo.ur office. It would ~e intere$ting to I<now Wt'Jo i$ J'1andiing
the L&.I investigation that this all has come out of. I am also aware that I am not the
only one who has been ECR'd over this transfer. I also suspect that this action was
taken to appease the investigator of me Dept. of Labor and Industries. it is a sad
statement indeed that line staff are made scapegoats to cover for administration's
inability to effectively deal With a nursing department that is in chaos and rebellion;
a department that lacks leadership, solidarity of purpose or directIon. it is increasingiy
clear that a few nurses feel that they have authority over the medical staff from whom
they should rightly be taking orders. That may not be entireiy their fauit as there has
been no effective leadership in the department of nursing for several years. There are
far too many personal agendas at work there. [t is time the whole truth of the
department of nursing at MiCe be known. It is beyond the scope on this ECR
response but there is ample evidence of Willful disregard for patient care, ethics.
authority, statutory and regulatory law as well as outright coercion. I pray that
someone i'las U'le courage and fortitUde to act and act soon before we have another
Purdy fiasco.
All this has taken its toll on the confidence that medical staff has in this administration.
it appears that MiCe Heaith Services rlas become an increasingiy hostlie work
environment where staff lie in wait for each other to stab them in the back. usurp
authority, confuse and contradict. maiign and siander, steal and iie.
I will be represented at the hearing by Dale Stewart. Chief Stewart. WPEA.

cc: file
WPEA
Dale Stewart. Chief Stewart
Exhibits: Various xray reports
Letter irom Arden Hun, MD
Letter from Kenneth Ritter, MD
Letter from James Biilingsley.MD
Memo to Marty Lyons, Acting HCA
-VaFiol:ls et=\af't Retes from the file
Personnel file copies

0_
.,.

0788
ATTACHMENT -L PG

.1. OF -3 Lf

TO:

BARRETT BRUCE
DOC-DP-Il-BBR 18-Mar- 9 l-Q9:30:1S
MCNEIL ISLAND CORR. CNTR.
RECEIVED
P.O. BOX 900 MS: WT-Ol
.;l,3, APe- q.,
STEILACOOM
WA 98388"

FROM:' 'BARRETT BRUCE /fq
DOC-DP-Il-BBR 18-Mar-97 oV~r~$
MCNEIL IS~ CNTR.
P.O. BOX 900 MS: WT-Ol
STEILACOOM
WA 98388SUBJECT: _ _

DOC-DP-Il-BBR/MA~78~3a13

--------------------------------------------------------------------------To :
LYONS MARTIN .h..
From: BARRETT BRUCE~
Date: Tue~Mar-97 at
Subject:
_

DOC-DP- Ii-MLl
DOC-DP-Il-BER

9:2~am

I just spoke with James Billingsley, MD, St. C are Hospital. He reviewed
the films t~~en here and stated that inmate
id have a
pneumonia on the first film that has complete y reso ved on the second
taken eight days later. He sees no evidence of tuberculosis. He does
not feel that the inmate needs to be isolated. He does believe that
given h~s recent conversion of his PPD he should be placed on a
supervised INn program for six months per the DOC ~,d DOH protocols.,'
He will dictate or handwrite a consultation note and mail it to me
today.
Please notify those involved.

th~~~

you.

hard copy to follow.

--------------------------------------------------------------------------* * End of Message * * Printed on

18-Mar-97 at 09:30:25 MA# 7843813

......

07~

ATIACHMENT I PG Cl OF 3 tt

TO:

BARRETI' SRUCE
OOC-DP-I1-BBR
MCNEIL ISLAND CORR. CNTR.
P.O. BOX 900 MS: WT-01
WA 98388STEILACOOM

FROM:" SARRETT SRUCE
MCNEIL IS.LU">.I''''~ ORR. CNTR.
P.O. BOX Q 0 MS: WT-O~
STEILACO M
WA 98388-

SUBJECT: _ _

12:24:50

~4-Mar-97

RECEIVED

23 "~x=.. q,
OOC-OP-I~-BBR 14-Mar-97 12:04:03
...: .. Island c.c.
~

~:::s::aw

DOC-OP-I1-BBR/MA~

--------------------------------------------------------------------------ITO LYONS MARTIN
IFROM BARRETT BRUCE
IDATE Fr~Mar-97 at 12:04:pm
ISUBJECTIIIIIIIIIII

DOC-DP-I1-MLl OK
DOC-OP-I1-BBR OK
OK
OK

! was informed by Tracy Rich, Health SerJices Secretary, that Judy
Lobdell, RN and Barbara olcon~r
N ere making inquiries resarding the
proposed transport of inmate
Specifically, Barbara O'Co~.ner
had concerns rega=ding the inma e's psychiatric status in view of his
cast historY of suicide attemcts. Ms. Rich told me she told her that if
she had problems or questions-regarding the transfer to address them to
me. This occurred at approximately 10:45A. I proceeded to go to the .
Inpatient ~~it where I was immediately confronted by Nurse OICop_~er who
stated she had concerns about this tranfers. I informed her that these"
decisions were made by administration ~~d medical staff and that they
were none of her concern. I also informed her that she was noe to meetle
in this transfer any further. Later I ran into James McQuire,Me who had
been called by Judy Lobdell. ! explained the situation to him and he
said thathe would just say 'good bye' to the irJmate. Later, during a
conference call involving you, myself and Tracy Rich, Nurse O'Conner
entered Ms.
Rich's office and tried to start a conversation. I
informed her that this was not a good time and she was interr~pting. She
continued to stand in the door for several seconds as if she wasn't
going to leave. I again told "not now, this is not a good time n • She
then left.

I CC RICH TRACY

Icc

ARMSTRONG NANCY

DOC-DP-I1-TRJ OK
DOC-DP-Il-NAE OK

--------------------------------------------------------------------------* * End of Message * * Printed on

14-Mar-97 at 12:24:56 MA#

07!)O
ATIACHMENT ...L PG .lQ. OF ~ .

TO:

BARRETT BRUCE
DOC-DP-Il-BBR
MCNEIL ISLAND CORR. CNTR.
P.O. BOX 900 MS: WT-Ol
.STEILACOOM
WA 98388-

FROM: LYONS MARTIN
MCNEIL IS CORR CTR
P.O. BOX 900
STEILACOOM

DOC-DP-Il-MLl

4-APr-?lE~~tv4~D
J3

Ft/'(Z. '1}

3-Apr-97 !1n~U=rJ;Cf32

WA 98388-0000

SUBJECT: (EMS) Return receipt

DOC-DP-I1-BBR/MA#7976999

--------------------------------------------------------------------------MAIL DELIVERY NOTIFICATION
Your message MA# 7976711 entitled _ _
Created on

3-Apr-97 at 11:02:18; sent on

3-Apr-97 at 15:58:00

Destination: DOC-DP-I1-ML1 LYONS MARTIN
The message was

READ

on

3-Apr-97 at 16:15:32

......... Routed on: Thu 3-Apr-97 at:
From: DOC-DP-I1-ML1 LYONS MARTIN
To: DOC-DP-I1-BBR BP~~TT BRUCE

4:15pm.

--------------------------------------------------------------------------* * End of Message * * Printed on

4-Apr-97 at 11:54:47

MA~

7976999

87-91
ATIACHMENT

t_ PG LL OF ~

. ..
~

'.~.

TMENT OF CORRECTIONS

Mice 890.610

ISION OF PRISONS

u.£CTIIIt ll£Tl

10-21-94
PAGE

1

of

11-21-94
12

Employee Tuberculosis & HEPA Respirator Program

AUTHORITY:
DOP S90-DHR.610
PURPOSE:
'To establish guidelines to assist employees in the prevention, control, and treatment
of tuberculosis (TB), consistent with Washington Industrial Safety and Health Act
(WISHA), Occupational Safety and Health Administration (OSHA) and Centers for'
Disease Control and Prevention (CDC) .regulations and recommendations of the
Washington State Department of Health (DOH).
APPLICABILITY:
All McNeil Island Corrections Center (MICC) employees, volunteers and individuals
providing services under contract to McNeil Island Corrections Center as specifically
defined herein.
DEFINITIONS:
Active TB Disease: The infectious stage of pulmonary TB based upon clinical
diagnosis in which small droplets containing bacterium are produced in the lungs or
la"rynx and can be broadcast into the air when infected people cough, sneeze, sing or
talk.
Assessment: Activities conducted by DOH TB Control to ensure that surveillance and
containment measures are carried our effectively.
BCG: A type of tuberculosis vaccine used in some parts of the world, but only rarely
in the United States.
Containment: Actions taken to diminish the transmission of tuberculosis infection.
Health Care Unit: Any physical space designated by the superintendent where medical
.treatment/services or health care is provided.
Health Care Unit Employe~: Any DOC employee who is a health care provider and any
other DOC employee who is assigned full-time, part-time, or on a regular and recurring
basis to a DOC health care unit.

D79~

ATIACHMENT _\._ PG ,;I.. OF

3lf

MENT OF CORRECTlONS

MICC 890.610

SION OF PRISONS

PAGE

2

of

12

Health Care Provider: Thos~ DOC employees who, consistent with state law, provide
health care or related services to offenders. This includes, but is not limited to
physicians, dentists, dental hygienists, dental assistants, nurses, psychologists social
workers, x-ray technicians, physician assistants, medical technicians, mental'health
counselors, and nurse practitioners.
.
High Efficiency Particulate Air' (HEPA) Respirators: Respirators used in medical
applications to assist 1n the prevention of infection airborne pathogens such as
tuberculosis.
High-Risk Occupation: Health care provid~rs and employees who transport offender(s)
.
with acti've or suspected TB disease.
Induration: A raised, palpable ,area of hardened tissue.
Intracutaneous: Within the substance of the skin.

C..

Isoniazid (lNH): The drug most commonly used in the United States for preventive
therapy of tuberculosis.
. '
Mantoux Test: An intracutaneous. (skin) tuberculin test used to identify individuals
infected with the tubercle bacillus.
Mid-Level Provider: A physician assistant or nurse practitioner.
. Occupational Exposure: An expos~re incident requiring an investigation and follow-up
activities.
Positive Skin Test: A reaction within 48 to 72 hours due to an intracutaneous
injection of PPD in which the area becomes indurated.
Purified Prot~in Derivative (PPD): The non-infectious'test material used in tuberculin
skin testing.
Surveillance: The identification and reporting of all tuberculosis cases.
Suspected TB Disease: Individuals with at least three of the following signs/symptoms
a productive cough of two ~eeks or more, coughing up blood, night sweats, loss of
appetite, lethargy, weakness, anorexia, fever and/or an otherwise unexplained weight
l o s s . '
.

079"3
• I,

ATTACHMENT L PG ..!i OF ~

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. _----

_

r::-:---~----,--_

ENT OF CORRECTIONS

MICC 890.610

ON OF PRISONS
l\WfOAlt

UftCTM DArr

10-21-94
PAGE

3

11-21-94
of

12

Tubercle Bacillus: A microscopic organism that causes tuberculosis lesions in humans.
Tuberculin: A soluble cell substance prepared from the tubercle bacillus which is used
to determine the presence of a tuberculosis infection. This substance is· r:lot
infectious.
Tuberculin Test: A test to determine the presence of ~ tuberculosis infection based
on positive reaction of subject to tuberculin. The local indurated reaction is observed
in individuals after 48 to 72 hours. Tests do not distinguish if status is TB infection
or disease.
.
Tubercuiosis (TB): A bacterial infectio~ which generally involves the lungs, usually
.transmitted by the inhalation of droplets in the air which contain tubercle bacillus.

FIELD INSTRUCTiON:

The

Health Care Manager shall manage the Employee T8 Control Program, and
develop a process of documentation/inf~:m"ationcontrol with the DOH TB Control.
Office. The Division of Human Resources, Safety and Occupational Health Section
shall monitor the implementation of this field instruction.

PROCEDURE:
A.

General
1.

The possibility of airborne transmission of infection by the tubercle
bacillus is high in an institutional setting therefore, the prevention and control of tuberculosis must be regarded as a priority health issue.

2.

The control of tuberculosis fn a correctional setting is based on
identification, assessment, surveillance, and containment.

3.

A previous history of BCG vaccination, whether or not documented, shall
not constitute a ~asis for deviating from the policies pertaining to
prevention; control, and treatment as outlined elsewhere in this field
instruction.

0794
ATIACHMENT.l... PG

lL OF ~

.

ITMENT OF CORRECTIONS
I~SION

MIce 890.610

OF PRISONS

urrcnvf DAFf
11-~1-94

"WfOATt

10-21-94
PAGE

B.

4

12

of

."-"1

( .....:
'.

Prevention ofTB Transmission
1.

Education. and training is a key factor in promoting occupational health.

.

.

2.

a.

Training shall be conducted for all MiCe employees, volunteers
and individuals providing services under contract to MICC.

b.

Annual refresher training shall be conducted for those outlined in
item a, above to provide updated information about occupational
exposure issues.

. The transmission of tuberculosis can be minimized by early identification
of indiviauals with TB by use of a Mantoux Test.
.
a.

All employees, volunteers and individuals providing services under· .
contract to MiCe who wo~k in high-risk occupations and new
individuals hired and assigned to a high-risk occupation shall
.
.
'submit to a baseline Mantoux test.

C,'

The Superintendent shall ensure that an adequate number 'of
tested employees are available in the event of an emergency.
b.

Tuberculin testing shall be completed within. two weeks of
employment or transfer to the work site and shall be provided at
. no cost to the individual. Employment is not contingent upon test
results, however new employee~'with a positive result may be
required to undergo further testing and/or treatment prior to
continuing work.
.
The only exceptions to this testing practice include the following:
1)

Individuals granted a written waiver by the DOH TB Control
Office.
.
.

a)

.

To request a waiver from DOH, the employee must:

11
2)

Complete the MiCe Request for Waiver of
Tuberculin Testing (attached).
Requests
should include supportive medical information. 0\7 95
Submit the original request to .the DOH TB
_
Program Coordinator and a copy of the
request to the Mlee TB Km~Em'~~r·ISOF

#

'MENTOFCQRREcnoNS

Mice 890.610

SION OF PRISONS

urrcnv, DArr

"WI DAft

10-21-94
PAGE

b)

2)

5

11-21-94
of

12

The employee must provide a copy of the response
from the DOH to the MICC TS Program Coordinator.
This information will be maintained in the Employee's
Occupational Health Record.
,

Individuals documenting a positive Mantoux test result in
the past and who are not exhibiting signs/symptoms of rS.

c.

Employees, volunteers and individuals providing services under
contract t~ MiCe are not required to be tested in accordance with
the provisions of this. field instruction, but shall be offered skin
testing annually at no cost to them.

d.

All new employees, volunteers and contract service providers shall
be offered baseline TS screening withif1 two weeks of employment· .
and at no cast to them.
.

e.

DOC.form 3-220, Tuberculosis Scree~ing Acknowledgement and
Appointment Record must be completed whenever an employee'
is offered or scheduled for a T8 skin test. Employees shall
complete testing at the date, time, and location noted on the form
and return a completed Tuberculin Screening form (DOC 3-216) as
directed.

f.

Those who have a positive T8 skin test, or who submit
documentation of a previous positive skin test, shall s'ubmit a
physicians statement as to their T8 status within seven working.
days.
'

g.

If an employee, volunteer or contract service provider is suspected
of or has a confirmed case of active T8 disease, monitoring shall
be provided by the DOH T8 Control Office. The individual shall be
required to submit to and complete the prescribed treatment
regimen. The individual shall submit a physiCians statement
indicating they are not infectious before being allowed to return to
the work place. Treatment shall not be conducted at MICC.

0796
ATTACHMENT .l.. PG JJpOF

2:\

.1ENT OF COAREcnONS

ilON OF PRISONS

6

PAGE

3.

of

12

h.

Employees, volunteers or contract service providers who fail to
complete diagnostic procedures or comply with the prescribed
treatment regimen shall not be 'allowed access to the worksite
until a physician clears them to return to work. 'Such individuals
shall ,be subject to disciplinary action, up to' and including
dismissal.

i.

All tuberculin tests shall be recorded on DOC Form 3-216,
Tuberculin Screening. When completed, forms shall be filed in the
employees Occupational Health Record.

Respiratory Protection - HEPA Respirator Use

&.

Employees, volunteers and individuals providing services under contract
to MICC who work in high risk occupations shall be responsible for· .
knowing, understanding and complying with all policies, requirements
and guidelines for the use of HEPA respirators.
a.

Prior to entenng medical/respiratory isolation in which an offenqer
with active TB disease is under treatment. CDC guidelines with
regards to wearing HEPA respirators shall be followed.

b.

When Health Care Unit Employees perform high hazard
procedures, e.g. bronchoscopy, sputum induction,-endotracheal
intubation, and suctioning procedures, on individuals who have
.su~pected or confirmed TB disease, HEPA respirators shall be
worn.

c. .

When emergency medical response personnel or other staff must
move or, transport individuals with suspected or confirmed TB
. disease, HEPA respirators shall be worn. When feasi~le, the rear
windows of the vehicle shall be kept 'open and the heating and air
conditioning system set on a non-recirculating cycle.

d.

To prevent contamination, HEPA respirators shall be used, handled
and disposed of according to CDC standard medical practice,
including the use of Universal Pre~autions when applicable.

0797
.........
ATIACHMENTl.. PG

iJ OF ~

MENToF CoRRlCTlONS

SION OF PRISONS

4.

Respiratory Protection - HEPA Respirator Program
a~

. b.

Program Administration - The Health Care Manager is responsible
for the respirator program implementation, administration and
evaluation•
Physiological and Psychological Umitations • The Health Care
Manager shall ensure the appropriateness of HEPA respirators for
each wearer is evaluated, using DOC Form 3-219, HEPA
Respirator Medical Evaluation. When the appropriateness of
respirator use is in question,. a physician's release shall be
obtained at no cost to the employee before respirator issuance,
testing or use will 'be authorized. The medical status of all .
wearers shall be reviewed annually.

c.

Approved Respirators - Only HEPA respirators approved by the·
National Institute for Occupational Safety and Health (NIOSH) and
the Mine Safety aIld Health Administration (MSHA) shall be used.
Modification{s) of an approved respirator that is not authorized by
the approving agencies is prohibited.

d.

Respirator Selection - HEPA respirators have been selected for
preventing the spread of TB based on CDC guidelines and WISHA
requirements.

e.

Training - Individuals required to wear respirators shall receive
.training such that they become knowledgeable and proficient with
respect to the respirator to' be worn. Training shall include the
following elements: .
1)

The reason for the need for respiratory protection;

2)

The nature, extent and effects of respiratory hazards, to
which the person may be exposed;

3)

An explanation of why engineering controls are not
adequate;

o1eNT OF CORRECTIONS

ilON OF PRISONS

5)

An explanation of the operation and capabilities and
limitations of the HEPA respirator;

6)

Instruction in inspecting, donning, checking the fit and
wearing the HEPA .respirator;

1)

An opportunity for each respirator wearer to handle the
respirator, learn how to don and wear it properly, check its
seal, wear it in a safe atmosphere and wear it in a test
!3tmosphere;

8)

An explanation of how to properly store the respirator;

9)

Instructions in ho'w to recognize and cope with emergency
situations; and

10)

Regulations concerning respirator use.

Refr"esher training shall be given annually. "AU training shaU be
acknowledged and recorded on DOC Form 3-217, Medical HEPA
Respirator Fitting and Training Record. In addition, all respirator
training shall be ~ocumented using HROIS code 01-07-SL~B~

If

f.

Respirator Fit - Each respirator wearer shall be fitted in accordance
with WAC 296-62-07113 (3). Each wearer shall check the se~1
of the respirator by procedures recommended by" the
manufacturer. Fit testing and checking shall be recorged on DOC ,
Form 3 - 2 1 7 . "

g.

Facial Hair - Individuals assigned to wear HEPA respirators shall .
. follow manufacturer's recommendations regarding facial hair that
interferes w~ the seal of the HEPA respirator.

h.

Issue of Respirators - Only the following two HEPA respirators are
authorized for the" prevention of TB:
-

..

1)

UVEX HEPA-Tech 3010 - Approval No.:. TC-21 C-604; and

2)

3M Model 9970 - Approval No.: TC-21 C-437.

ATIACHMENT l

PG

n

G~"9
OF 3'--\.

••

"MENT OF CORREcnONS

SION OF PRJSONS

i.

Respirato~ Inspection - Respirators shall be inspected by the
wear~~ pnor to each use to ensure that it is in proper working
condition.
If found to .be damaged, soiled or grossly
contaminated, the respirator shall be discarded in accordance with
Universal Precautions.
.

. . j.

c.

Ntonhoring Respirator· Use - Supervisory personnel shall
periodically monitor the use of respirators to ensure they are used,
worn properly and are in good working condition.

k.

Evaluating Respiratory Hazard - SurveilJance of work area
conditions (Le. negative pressure room, etc.) requiring use of a
HEPA respirator shall be conducted by supervisory personnel to
ensure safe ,work practices.

I.

Medical and Bioassay Surveillance - Health Care Unit Employee
screening data shall be used to assist in determining if respirator
wearers are receiving adequate respiratory protection.

m.

!=lespirator Maintenance - Respirators shall be inspected as outlined
in item i, ~bove. When not in use, respirators shall be placed in
a clean paper bag to promote drying and stored in an appropriate
locker or storage area. Storage bags shall be labelled to identify
the wearer.

n.

Respirator Program Evaluation - An appraisal of the effectiveness
of the respirator program shall be carried out annually by the MICC .
Health Care Manager. Appropriate action shall be taken to correct
defects found in the program.

Protocol for Determining Frequency of Testing
The frequency of TB testing for health care unit employees shall be determined
based on the following assessment:

1.

2.

o1ENT OF CORREcnONS

Mice 890.610

ION OF PRISONS

urrCTlllf DArr

I1WfOATf

10-21-94
PAGE

3.

10 of

11-21-94

12

In the case of" an exposure incident, follow-up skin testing shall be
conducted 10 to 12 weeks after the incident. Semi-annual skin testing
shall commence six. months after follow-up skin testing.

.

4.

D.

E.

If, after the second round of semi-annual testing, MICC has not had a
case of active TB disease during the previous year, annual skin testing
. shall be scheduled. If MICC has had a case of active TB disease during
that year, semi-annual skin testing of health care unit employees shall
continue until no cases of active TB disease have been experienced
. during the previous one year period.
.'

Employee Exposure to TB - TB Investigations
1.

When a case of active TB disease is diagnosed and an employee,
volunteer or contract service provider has had unprotected exposure to .
the source-person, the DOH TB Control Office shall be immediately'
notified. .
.

2.

DOH TS Control will conduct an investigation to ascertain the nature and
extent ·of the exposure and recommend a proper course of action,
treatment and follow-up.

3.

Every employee, volunteer or contract service provider who has been
exposed to ~ctive T8 disease shall comply with diagnostic procedures (xray and sputum ex~minations).

4.

Testing immediately after exposur~ and re-testing shall be conducted as
required by the DOH TB Control Office as part of the investigation.

5.

Only thos~ who meet the criteria set forth' above (See Section S.2.b)
shall be excluded from testing.

Documentation and Record Keeping

1.

Employee Screening and Evaluation

a.

Tuberculin test results shall be recorded in millimeters of
induratioo'(diameter of tf)e test area).

~

w

:;E

.'
.
08·G~
(QS o~ the screening results, med\ca\ eva\uatlons and
"-~
"eCO
.
h \\ b
intained in accordance
0.=:

01

'no

-J

treatment fe:amm:~_~~~\~~:~\n~~e ~~~oatiana\ Hea\th Records.

8

.tENT OF CORREcnON$

ION OF PRISONS

,. .

.... '

MICC 890.610
urrcnv. DA"

11-21-94

,PAGE

2.

F.'

11

of

12

OSHA 200 Log
a.

When an employee, volunteer or contract service provider has a
positive Mantoux Test, the incident shall be recorded on the OSHA
200 Log unless it is documented that this occurred prior to
employment
or that it occurred
from .a non-work-related exposure.
.
.

. b.

If an individual's TB infection, which was entered on the OSHA
200 Log, progresses to TB disease within the five year
maintenance period, the original entry for the infection shall be
updated to reflect the status change.

Relationship with the DOH Control Office
The DOH TB Control Office provides the following s~lVices to the Department...
of Corrections:
1.

Provide medical and nursing consultation in assisting in the development
of TB treatment protocols.
.

2.

Review and respond to written reques~s for waiver of Mantoux test
requirements submitted by DOC employees.

3.

Conduct on-site TB investigations when an exposure incident has
occurred.

REVIEW:
This field instruction shall be reviewed biennially by the Superintendent/designee. Any
changes or modifications shall be approved by the Command Manager.
REFERENCES:

'

DOC Infection Control Handbook; DOC Policy 670.001; RCW 70.28; WAC 246-318-.
040, 296-62-07113(3)~

0802
AlTACHMENT ~ PG J20F

.251

.teNT OF CORRECTIONS

ilON OF PRISONS

8

-

.......
Mice 890.610

PAGE

12 of

12

S.UPERSESSION:
. None.

Date ,

.

l

a:\wardwin\80OSER\ t 8 ·Oetaber 1994

0883

'.-

{

..,.... ..
:

"

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS'
McN8L ISLAND CORReCTIONS CENTER
SteiJa=am. Washington 98388-0900

P.o. Sox 88900 •

McNEIL ISLAND CORRECOONS CENTER
.ReQuest for WaiVer ofTubemdin

Temn:

Kay Anqerson
TB Control Program Coordinator, DOH
1511 3rd Ave Suite 201
MS: Kl717

To:

Seattle, WA 98101

_-----a--I~_S«urily_Na.; ---,--1-__ -I..

11...-"-

I_CIIl::.

I am requesting a waiver for tuberculin testing for the foUowing reason(s):

NOTE:

Supportive medical inf'onnation must be attached to this request.

Employee Signature

Date

08 Q"J

Distribution: Original· DOH tB Control Program Coordinator
.Copy· MIce TB Control Coordinator

AITACHMENT ..!- PG ~~ OF

.2.4

..

-..

._.'.

:"

'"

,--,:

--

-:--.

AOM!'!"I'ED :
:BRIEP

J.9

February

.gISTaR~/~ek

1:997

D!5CHA.~GED :

POR ADMISSION:

The patient is a 57:-year-old

whit~ ~le:~~v~lJ.aq ~bo was flown from his correctio~ faci*ity
holding area. ac.M~te~l Ielaad where he was found down Jon a rest room
having· sustained a stab wound to the subxiphoid. L"'"'ea. He was Doted
to be surrounded by a large amount of blood but was conscious at the
scene.' . -Rei was emer.gently flown to Madigan A:rmy Medical Center
Bmerg-enCy Room for ,treatment of his inj1.1.l.-y.

BRIEF ~~y OF F.OSPITAL ca~, 'rnBATMENT AND S!GNtE'!CAN'r FDmINC=s:

In the emergency reom tee patJ.e.nt wa,s. a.oted to have a single st:ab
wound. in the subxiphoid and e.pigastric a=ea, with ongoing bleeding' .
which was not c01;1trollable., He was. hemodynamically stable t hcwever
and was' semi-urgently consented and prept:led for an operative
, I
. exploration.

The patient underN'ent an upper midline abdominal incision iz:!. the .
ope:=.tiIlg' =cern a:ld a bleeding left internal mammary arte:::-:! was noted,
controlled a.cd ligated. The peric:a=dium was ooenec. ~d a sic:1ificant
amount of blood was ncted.. The~g=ore he un.d.er",e!:t a med.ia=. ste~otcmy

to furthe= explor: his mediastinum for

ongoi~g

bleeding.

The e~lcratioIl was' essentially ne-=ati'/e a."1d he was closec. and taksm"
to the-Intensive Care Unit: where
recovered initially without
, .'

h.e

..

event.
On ncstoce~ative dav 2 his chest'x-=av was essentially no~al ~~d r~s
s~gle mediastinal ~hest tube was r;~oved. Oc ~ostope~ative day 3,'
he developed an increasing oxygen r:quirern~~t without ~y evidence of
carbon dioxide ret~ai~i~g pathology and bis chest x-ray rat~e=
acutely cha~ged t~ reveal pulmona~! edema almost of the adult
respirat.ory c..istres~ syndrome (ARDS) picture ty:se. Eis cX~lS'en
~~'C'ClementatioIl reauired high flows a:d maximal a~~ocrt wit~ CPAP to
malntai~ a.saturation L"1 the low 90s.
-on postonerative day 4 ha also went i~to aerial fibrillation with a
rapid ventricula= response a.tt.d althou.gh his hemcdyna.~c parameters
remained stable he became more difficult: to a~e~ately oxygenate. ,Ee
was started on Oiltiazam bolus ~~d d:ips without control, was Digoxin
nleaded" anc tried on high dose esmclol without ccnt~l of his rate.
Due to the unstable rss~i=atory nature associated with the atrial

~

C~G~-'JN•. fi',~ TI-.~:': u..~ poo.4""dV\~" u.• -'- ;.; ~ • r':"~'.'"

HISTORY &

(

P~tS!CAL

( j

,

01?BR..~rICN REPORT

(SC' 51.6)

RXAMnrA'l'ION
(SF 504 t 50S t &: Sa6)
CONSULTAT tON SEEE'!
(5= 513)

(X] Ni\R..tLa..TIVEi SUMMARY REGISTER
(S2502)
6328514

c::F_"tON RBCo..1ID OF

( ]

MED!~~ ~\RE-(SF

1 PROGRESS NOTS
(SP 509)
50,15'102.

AOTO~SY

(SP 503)

600)

[ 1

PROTOCOL

~

N\

_ _ _ C!'
a.
~,
_ . -

. . . .=-------------~w~
ON!'!"

GENER-liL SURGERY

DATE DrCT
2-!-Peb-1597

IDATE TYFED
25-?eb-1997

~1­

080~

'.

.

"-'

.

~.

. .

"-

fllJrillai:±on, he was c~d.ioverted X 1 with 50 Joules. This was
. successful and the pat~ent has remained in. sinus rhythm ever since
, . the cardioversion. His o~en. requ.irement, thereafter, gradually
declined and the f9 1lowing morn;ng he was on 5 liters ttasal cannula
with o:cyg'el1 saturat;iot;1s of ap~~imat:eiy 92% and he was transferred
to the Ward. The pataent remaJ.J:1ed an Ward 7 -North surgical recovery
unit for another ~-1/2 days and remained stable. Ere was tolerating a
regular diet and his wounds were bealing without evidence of
infection. His sternum was stable on examinatiOll and cl:teat x-ray
were gradually improving.
FINAL DIAGNOSES:

1.

2.
3.

Steib wound to the subxiphoid region with' tianssecticn of the left
internal mamma--y artery and pericardial inj ury.
Atrial fibrillat ion.
Sick sinus synd=ome fo~ which he has a pacemaker.

OPERATIONS AND SPECI..~ PRO~...DUR3S:
1. Elme:genl:. exploratozy lapa"=,otomy and median ste~otomy fo::
exploration of injuries sustai~d from the stab wound,
19 Pebrua...--y 1997.
2.
E'd!oc:ardiocrra.m, 22 S'ebrua.='"J' 1997.
3.
Cardicversion procec.':U"=, 23 February 1597.
CONDITION ON DISOiARGB:
oxyge~

to

mai~t:.ain

his

Stable t however, reqi.liri!!.g' some 8~;plemental
in the low,90 percentile.

sa~uraticns

INSTRUCTIONS: The patient is bei.::.g released bac.~ to bis prison· site
at M~~eil Islanc whe=~ he will be watched by medical perso~~el in' the
~irma--y there to maintain him on supplem~tal oxygen as long as
reaui=ed.. He is to f~llowup eithe:: with Gen.e==.l Surge::::-.f at Madigan
Army Medical Canter or witC cis care provider at the prisco. to have
his sta~les remcved.w~tr~n cne week. Discha=ge meCications - Tylox
1-2 tabs a 4 h as needed for pain; Vasotec S mg ~ce a day; P~~l
80 mq once a day; i:!:'cn sulfate 325 mg t'",ice a day; Colacs t~h'ice a
day; Digoxin 0.25 mg once a day.

~
~

o

~\
C.!:S

c..

-\
ffi

MAT'I'HETN' T. B.A.~R, CPT, Me
MADIGAN ~"4Y MEDICAL CTR., TACOMA, WA
MTB: sgm/STAT

~

'";'(-l;--a~I~S~TO=R~v"""_-&-=l?'==E":-::~:=S"::I-::CAL:":"·-:r---;0(""""']--;:O:-;::l:l;;:s..;;:·::ti~i\-;;T:'::!:"::O:::'~T:-.-:RE=l?:"::O:-:R::'::X:-l-::::-:-:::~------------.
~
EXAMINATION
CSF 516}
~
(SF 504/ 50S, & SOG)
( l CONSULTATION SB3'r
[X] NA..tt.~~TIVB SOMMA.~y REGISTER. NO. ~
(SF 513)
{SF 502}
6329514_
( ] amON RSCORD OF

MEDICAL
r

]

C&~-(S=

PROG~SS N'OTE

(SF 509)

[ ] AUTOPSY PROTOCOL

600)

(SF 503)
( ]

ON!T

GENERAL SURGERY
DA'!'E D!eT

DATE 'I'"'!'PSD

24-Feb-1997

25-Feb-lS97

AUTOHATE~ QPTr~~AL

06

FCRM 215-=(1Z·77)

ATTACHMENT -L PG

11:. OF -?}-/

88J~

.- ...
t

STATE OF WASHINGTON

CHAsE F;l1VELANO
S~CRerAAY

.. .

.'

DEPARTMENT OF CORRECTIONS

,

.'

MEMORANDUM
DATE:

TO:

FROM: .

SUBJECT:

1.
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ATTACHMENT .L PG .ll. OF 3

ro:

BARR.ETT BRUCE
DOC-DP-I1-BBR 18-Mar-97 09:30:15
MCNEIL ISLAND CORR. CNTR.
P.O. BOX 900 MS: WT-01
STEILACOOM
WA 98388-

~OM:

BARRE-r-F. BRUCE .• ·"

./f8

MCNEIL IS~ eNTR.
P.O. BOX 900 MS: WT-01
STEILACOOM
WA 98388-

."

DOC-DP-I1-BBR 18-Mar-97 Oi;24:0a.
'.~ ... '--$.

SUBJECT:_II

DOC-D~-I1-BER/MA~784J813

---~----~----------------------------~------------------------------------DOC-O~-li-ML1

To:
LYONS MARTIN
:rom : SAR..~1"l' BRUcE./'P
::late: 'I'ue~-97 at 9:24am
Subject: _ _

OOC-OP-I1-BBR

I just spoke with James Billingsley, MO, St. Clare Hospital. He reviewed
the films taken here and stated that inmate~id have a
9neumonia on the first film that has co~let~ed on the second
taken eight days later. He sees no evidence of tuberculosis. He does
not feel that the inmate needs to be isolated. He does believe that
given h~s recent conversion"of his ~~D he should be placed on a
supervised INH p~ogram for six months per the DOC and DOH protocols.'
He will dictate o~ handwrite a consul~ation note and mail it to me
coday.
~lease

notify those involved,

th~~~

you.

hard copy to follow.

--------------------------------------------------------------------------* * End of Message

* *

Printed on

18-Mar-97 at 09:30:25

MA~

7843813

.,

0810
AITACHMENT -L PG ?JJ OF 2Y

*
May 9. 1997

TO:

MARG BAHR. CPM

FROM:

BRUCE H. BARRETT". PAC

SUBJECT:

ECR DATED 4/15/97

~

Addendum to my response of the above ECR:
Please consider t.he following facts and documents:
1) Letter from Kenneth Ritter, MD stating that the inmate in question had a patchy
right middle lobe infiltrate that rapidly resolved after developing postoperative
ARDS. This is not characteristic afTS.

2) Letter from Arden Huff. MD stating that the inmate in question developed pulmonary edema postoperatively that cleared before his return to the institution. Also
that he felt the radiologist overread the x-ray because of lack of full history and
comparative x-rays. He also states that the chances of this inmate haVing any active.
TB is 0%.
3) Discharge summ~ry from Madigan Army Medical Center dictated by Mathew T.
Baker, CPT, MC in w~ich he states that on the second postoperative day the x-ray
was '"essentially normal" and that on postop day 3 he rapidly develope~ pUlmonary
edema and the clinical picture of ARDS. He also states that on day 4. his chest x-ray
Was gradually improving. Again this is uncharacteristic of active TB.
4) My email to Marty Lyons. Acting HCA dated 18 March 97 in which I relay to him
that I had spoken with James Billingsley, MD and that he felt there was no evidence
of T8 either. I contact~ pro Billingsley but he was unable to retrieve the letter he
wrote from his computer for some reason. I was also unable to locate the original
letter and after a search of the inmate's medical record at WCC-Shelton they were
also unable to find the original.
ATIACHMENT I p~ ~ I m: ~U

0811

~

.....

1..

5) In the Field Instruction in question, 890.610, it does not specifically state that the
wearing of a mask with facial hair in prohibited but rather directs you to follow the
manufacturers recommendations: These recommendations are not readily available
and I was unable to find any such recommendations.
6) Also, in the citation served on the institution by the Dept Of 'Labor and Industries
dated 4/25/97. it states that the Field Instruction is incorrect and should have stated
clearly that "No matter what the manufacture states, a respirator cannot be worn if
facial hair comes between the sealing surface of the face piece and the face."
Further." A similar statement needs to be change in the "Employee Tuberculosis and
'"
HEPA Respirator Program."

All of this makes it clear from several views that this inmate did not ha T8 and we" knew
it before the transfer. Also that the Field Instruction does not give clear direction
.
regarding .the use of the HEPA masks.
Thank you for your time and consideration.

0-8-1~

ATIACHMENT .L PG II OF34

~erit ofComp~anC8
Labor and Indus'
Services

fa:ion and
ax 4.4604

3. Issuanca Oale

~Ia WA 98504-4004

04/25/91

:ATlON & NOTICE OF ASSESSMENT

.

i~1lPID

. REC,:EIVED

k7lj60021'j
OJ2lfanal Ae;part No.

MAY 0 1 1997
11.

~~~Ccnter

1nspec:lCil~:

6.

J~~l

S. PageNo.

2 el

P'nall..
A~~.

2

WlhlaU
DIYIQ'
RICt 9t

10. Insgec:lcl'i Oate(s)

/dcHeB Island ('"..........._

01

Seriow

14.115262131
rns~an Nu be
m r

04/01197. - 04/02/91

otTlU

HotiIbtlota

.

Unlta

Mc.l\ieil Island
Steilacoom. WA 983sa

:.l:

AflPtI/td

;orrections, ijept oflMcNeil Island Corrections Ctr

?O

Bo~

aa900·Wt-01
w~ 98386

3teilacoom.

&; Notice af A3se.s:sment mu~ be prominently posted immedIately upon l'8ceipt at or near each
a viola[fon oo:urred or at a location where employees nonnally rac:aive posted information (RC'N 49.17. t 20). It must
, posted until all violatJons cited lherein are cotTGC:ed, or for lhree (3) wor1<ing days, whichever period is lon~ar.

I of this CitatIon

.

Jven AND EMPl.OYEE: SEE REVERse sloe OF nus FORM FOR
ON.

Nonce OF

.

RIGHTS AHO CUTIes REGARCING nilS

·JRE OF ALLSCEO VlOUTlONS 08senve:J CURING IHSI"ECilOH. UNW$S 01rlE.'nYlSE NOTED ALl. CtiAilOHS ARE TO 1'TTU: 296 WAC

,5. Oalll by Whic:l
VIctaGcn MI=

16. P~l'f

I . k.umltlt

a.At:alld

%%%%% INFO~~TrON

MESSAGE

xxx%~

l.qe 9 of 10· of DOC policy ~890. 090, 'nRe~piratory Protection

~a.'ll", paraqraph· vii, B "Facial He; r" it states that the
.rator user can "follow manufacturer' 3 reccnmelldations reqarclinq
u hair ... , n. No matter what the manutacture states, a respirator
)t be worn if facial hair comes bet-..Teen the sealinq surface of
:acepiece a.l'ld the face. A similar statemen.t needs to be changed
~e "Employee Tuberculosis and REP! Respirator Proqra~n.

I
I

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sls=nr Clroc::r ret
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& Canllllanc:a

M!l~~

A. SILVEPSTEIN,

I
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ASSrST~~ DI'~CTOR

PROOF OF CORRECT10N IS REQUIRED FOR ALL VIOLATIONS
NOT CORRECTED AT THE TIME OF INSPECTION
\
aTrAr.HMENT

18.

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Employee Name (please Print)

ACKNOWLEDGEMENT OF RECEIPT OF
DOC El\'.IPLOYEE HANDBOOK

I acknowledge receipt of the June 1993 Washington State Department
of Corrections Employee Handbook and agree to become familiar
with and have a thorough knowledge and understanding of the
contents.

Original - Personnel File

08t~

ATTACHMENT

:1

PG }

OF_l

~NTI~{)IJUCTION

I

'

•

Provide for restitution:

• ne accountable to tile chizens ot the stnte;
.• Meet the national standards appropriate to the ~tale

or Washington.

conE OF ETIIICS

:'f.
: ,:,": ~ j"' ":.
~ ~" '.:

IIlgh moral and ethical standards among correctional employees arc
, essentinl ~or the success of the department's progra~, The Depart; ment of Corrections subscribes to a code of unfailing honesty,
,.respect for dignity and individuality of human beings. and B cbmmit·
to proressionBI and compassionate service.

,.
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learn. not the least of which will be the expectations or your supervisor. your co-workers,
the agency as a whole. To assist you with

and

thIs responsibility, following is a list ~f some departmental expecta-

tions for your study. Familiarize yourself with the list so that you
may understand and fulfill the duties of your position.

AI a representative of the Department of Corrections, ygu will be
.. ,.peeled 10:
. • Positively represent Washington State govemmenlto everyone you
nlcct. You are our best public relations Igenl;

• Dress appropriately for your job classification and dUlles. Clothing
may nol have mottot. logos, or advertIsements thot may be offensIve or In conDict with the goals or'the Department:
• Well is'sued unlfonns only as authorlied;

I~: ,.~

• De I good citizen, obey laws while on Dnd off-duty. Your conduct
orr duty may renect on 'Your fitness for duty;

.~

tl'- \.1'"

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,

•
As a new employee of the department, you will have many things 10

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• Treat fellow staff with dignity and respect:
.
• De Impartial, understanding and respectful to offenders;

f

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• Serve each offender with appropriate concern for their welfare and
, with no putpose of Pen~na1 gain;

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• Report through the proper chain of command an,y cornlpt or'
unethicnl behavior wbicb could arreel an orrender or the
department's integrity;

" : ',~:, :::=

• Custody starr: remain at your job/post until property r~lieved;

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• .Let your supervisor know about any personal. emergency usc of

::., ~rf.

equipment or phones:

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Remain constantly alert in all situations;

IV.: .:', ~cnt
l If:iL D~I'ARTME.NTEXI'ECTATlONS
1,

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Report"Allpersonal contact from orrenders, their rlll1Ulies. or
known associates. outside your job in accordance witl.' departm~nt
procedures:

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• Obtain approlninte permis!;ion before removing any stBte property
from stntc premises:

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Conduct yourselr Bnd perfonn your duties safely;

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• Smoke only in designated smoking are~.

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• Discriminate ngainst any offender, employee. prospective em·,
ployee. or volunteer on the basis of race, color. reUglon. gender....

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sexual orientation, age, creed. national ~nigln, marital status,
veternn status or disability;

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• Use proranity or Innammatory remarks whh orrenders or incJividu'.
Dis with whom you work;
,"

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• Report to work under the InOuence of alcohol or drugs;

..

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.' Trafnc or bring any article of contraband in~o an institution.
facility
or office;
.

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• Darter or make personal dents with offenders. offender families or
visitors;

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.

• Engoge in personal relationshIps with offenders. their fomily
R.~socintes;

..

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allowed Co:

members. or close personal

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It is also In~portnnt 85 R new employee. thal you und~rslnnd some of
the specific prohibitions thaI the department must enforce. You are
IIOC

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REED

eaeuty

STATE OF WASHINGTON

DEPARTMENT 'OF CORRECTIONS
MEMORANDUM

)M:

ALL STAFF

DATE:

SffiEMBER 1990

MR. WIllIAM L. CALLAHAN

SUBJECT:

RESPONSIBLITY FOR OPERATION
INSTRUCTIONS/POLICIES ANV
PROCEDURES

file-

0

I UJlC!.e;r./li:aJtd tJta;t I am Itupon/li.ble. 601t ltea.d.iJtg and 60Uow.i.n.g aU Mc.Ne.il. I/llcutd
COltlte.c.tLon/l CeJt,te;r. Ope;r.a.ti.on.a1. IndJ:Ir Uc.:ti..oM/PoLi.c1..u tmd Pltoc.e.dLLltu.
I ha.ve. be.e.n. 1:.old, pe;r. .th1.A me.molttmdum, whe;r.e.:the. Ope;r.a:ti.on.a.l. IndJ:JU.Lc..ti.on 1lUUtu..al..6
Me. ma.i..n:ta.i.rte.d. tmd lte.a.UZ e. i:.ha.J: I am e.xpe.c.i:.e.d., lId palti:. 06 my job, J:o be. 6a.rn.i.J..i.a.J
cuLdt :the. mtmuaJ. a.nd J:o h.e.ep c.tvtlte.nJ: on :the. Ope;r.a.ti.on.a.i.. I1I.d1:.ltuc.;t).ond/Po.i.i..ci.u a.n.d
.- Pltoc.e.d.Ultu.

ra
OJ(.

I ha.ve. any qu,U.tLoM, I u.n.d.eIt~J:a.n.d .th.a..t I am 1:.0 <;.on.ta.c..t my i.mme.dJ.a.:t2. dupe.Jtviiolt
VeptLJttm en;t fI ead •

In.ma.te.~

Me. no.t 1:.0 hlIve. a.c.C.Ud .to :the. Ope.lta.tion.a.i.. In~.tltu.c.ti.on MtmuaL

1312itcc.. ft· /31/.e~£ T i

~~PLOYEES

NAME (PLEASE PRINT)

--------------------------------------------------------------------------------------OP.ERAT!ONAL INSTRUCTION/POLICIES AJlD PROCEDURES IU.NUALS ARE LOCATED IN~THE-:FOLLOOJING

-

A~:

SUPERINTENVENT
SUPERINTENDENT, CUSTOVY
ASSOCIATE SUPERINTENVENT, TREATMENT
ASSOCIATE SUPERINTEN1JENT, ANNEX

~SSOCIATE

CAPTAIN

SHIFT LT.
BUSINESS MANAGER
PLANT MANAGER
CLASSIFICATION!.AND PAROLE SUPERVISOR
CORRECTIONAL UNIT SUPERVISOR, CASCAVE HALL
EVUCATION
.
PERSONNEL
'. SERGEANT, STEILACOOM VOCK

CORRECTIONAL UNIT SUPERVISOR,
1 CH - OLYMPIC flALL
2 CH
CORRECTIONAL UNIT SUPERVISOR - 3 CH
CORRECTIONAL UNIT SUPERVISOR - 4. CH
3/4 CH VESK
TRAININGQEFICE":

LF:?;~:5rCOPIES

ANNEX .
INVESTIGATIVE LT.
FAR-I,( INlJUSTRIES
INSTITUTIONAL INVUSTRIES
I

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'rTRAINING

ATTACHMENT

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TECNOL

RECEIVED

JUN 111997

7201 llldulllta1 Padc BM1

FaIt WOIlI1, Texas 76180
1-8llOoTECNOL·1

QUESTIONS AND ANSWERS

Q:

What new· regulation was made that required a change in
respirator certification?

A:

NIOSH published a new regulation 42 CFR Part 84 for particulate
respirators. This new regulation replaced the DustlM:ist,
DustJNfistIFume, and HEPA certifications with nine new classes of
respirators. Each class (N, P, R) is tested against a su~micron particle
and filtration eflicien~y is measured throughout the test. Each class
had three levels of efficiency 95, 99, and 100. The "N" series is tested
against sodiwn chloride and the N95 has been named as the product
with the level necessary for use in the health care !parket. OSHA
states that the new N95 respirators meet the latest NIOSH regulation
for filtration and is the minimally acceptable level of protection for TB
exposure control.

Q:

What type of training must I have before conducting fit tests?

A:.

OSHA requires that the person perfonning the tests be qualified to do
so (OSHA 29 CFR 1910.1028). Although no formal training is
required, the person administering the test should be thoroughly
familiar with the test protocol and proper use of the respirators tested.
This knowledge can be obtained by studying materials and information
provided in the Tecnal Qualitative Fit Test Kit.
~

Q:

Who is responsible for conducting the fit test?

A:.

OS:H:t\ states that it is the employer's responsibility.

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Q:

Who can perform a tit test?

A:

Anyone the employer selects who has knowledge of the fit test
protocol, and understands the proper application for the respirators
being tested.

Q:

Will the TECNOL PFR95TM fit everyone?

A:.

We offer the PFR95™ in regular and small size to fit the population.
Although no respirator will fit 1000/0 of the population with. one size,
Tecnol's PFR95™ design accommodates a greater range of facial sizes
and characteristics than traditional cup-shaped respirators. Facial fit
test studies have concluded that the regular size PFR95™ fits more
than 90% of the population. Our small size respirator should fit the
remainder of those with a small face who cannot pass the qualitative
test. OSHA requires the employer to provide an alternative respirator
to those who do not pass the test with a particular respirator.

Q:

Is there a different protocol to be followed when Fit Testing an
employee who has facial hair?

A:

No; however, OSHA will not allow a person with facial hair to be fit
tested for a respirator if the facial hair interferes with obtaining a facial
fit.

Q:

Do I need more protection than a 950/0 efficiency mask for TB? .
,.

A:

Although there are masks with better absolute filtration efficiency, such as
HEPA respirators, any of the new NIQSH certified respirators (there is a
total of nine classes) far exceed CDC performance requirements for filtration
efficiency with far greater comfort and less cost.
.. ...

Q:

How is 'a respirator different from a mask?

A:

A respirator is certified by NIOSH and exists primarily to provide the
wearer respiratory protection from certain airborne contaminants.
OSHA requires NIOSH-certified respirators.

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Q:

Can I still use a dust/mist respirator forTB?

A:.

N0 current OSHA policy states that the newly certified N95
respirators are the minimal acceptable protection for TB as s~ted in the .
September 6 directive.

Q:

How do I fit check the PFR 95TM?

A:

By using the lECNOL Respirator Fit Check Device, catalog
# 47119-900.

Q:

Can I use irritant smoke or banana oil for Fit Testing the N95
Respirators?

A:

No, currently the only method acceptable by either NIOSH or OSHA is
the saccharin qualitative method as stated in the Federal Guidelines 29
CFR 1910.1028.

A:

Does the TECNOL PFR95TM contain any latex?

Q:

No, this respirator does not contain any latex of any kind.
Additionally, all masks manufactured by TECNOL are latex-free
products.

Q:

Is saccharin dangerous?

A:.

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Although OSHA acknowledges that ~ccharin is a suspect carcinogen,
they say it is highly unlikely that an annual exposure of 10 minutes,
_ during most of which time a respirator is wo~ could constitute any
measurable risk. OSHA considers such an exposure to be minimal.
Therefore for the present time, OSHA will allow the use of saccharin
as a test agent for respirators in the absence of an acceptable
aItematlve for testing disposable respirators.
7

Q:

How long can I wear the PFR 95TM respirator?

A:.

As long as the respirator maintains its structural and functional integrity
and the filter material is not physically damaged or soiled.

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Q:

Do I need to fit check the respirator before fit testing?

A

No, but you must ensure that you have a proper facial seal by
performing a negative pressure test (inhaling 'and exhaling sharply
checking for blowby).

Q:

How is the TECNOL PFR9STM Respirator different from other
N95 respirators available?

A:.

TECNOL'S PFR95™ Particulate Filter Respirator was designed
specifically for the Health care worker. The PFR95™ wit;h
FluidShield® protection adds a special fourth layer of loncet®
breathable film. This layer reduces fluid penetration and meets OSHA .
standards for blood borne pathogens. The TECNOL PFR95™ also is .
a soft moldable mask that allows the wearer a more cool, comfortable
alternative to a cone style product.

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