ALJ Decision in Cedar Springs Hospital, Inc. / UHS of Delaware, Inc., dba Cedar Springs Hospital, OSHRC Docket No. 20-0887, Becomes a Final Order of the Commission.

After learning of significant allegations through the Occupational Safety and Health Administration’s (“OSHA’s”) Whistleblower Protection Program, Compliance Officer (“CO”) Aimee Stark opened an investigation of a behavioral health facility located at 2315 Southgate Road, Colorado Springs, CO (the “Worksite”). (Ex. R-UHS-8.) The multi-month investigation identified numerous injuries from the hazard of workplace violence. The Secretary cited Cedar Springs Hospital, Inc. (“Cedar Springs”) and an affiliate, UHS of Delaware, Inc. (“UHS-DE” and collectively with Cedar Springs, “Respondents”) for: (1) failing to provide employment and a place of employment free from the recognized hazard of workplace violence under the general duty clause of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (the “OSH Act”), and (2) failing to provide an authorized government representative records within four business hours as required by 29 C.F.R. § 1904.40(a). Respondents timely contested the Citation, bringing the matter before the Occupational Safety and Health Review Commission (“Commission”). A hearing commenced on February 7, 2022, and concluded on February 17, 2022. All parties filed briefs after the hearing.