Home ALJ Decision in UHS of Westwood Pembroke, Inc., UHS of Delaware, Inc., Directed for Review

ALJ Decision in UHS of Westwood Pembroke, Inc., UHS of Delaware, Inc., Directed for Review

ALJ Decision in UHS of Westwood Pembroke, Inc., UHS of Delaware, Inc., Directed for Review

Following its receipt of a complaint about workplace violence, OSHA commenced an inspection of UHS of Westwood Pembroke, Inc.’s (“Pembroke’s”) facility located at 199 Oak Street in Pembroke, MA (“Pembroke Hospital”). As a result of this inspection, Pembroke received a Citation and Notification of Penalty (“Citation”) alleging it violated the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (the “Act”). The Citation alleges a violation of 29 U.S.C. § 654(a)(1), the provision commonly referred to as the general duty clause, for exposing employees to the hazard of workplace violence in the form of patient on staff aggression. Pembroke timely contested the Citation bringing the matter before the Commission. The Secretary of Labor (“Secretary”) filed his initial Complaint on April 27, 2017. He moved to amend his Complaint to add UHS of Delaware, Inc. (“UHS DE”) as a Respondent and to change the classification of the Citation from “serious” to “repeat.” This request was granted in an October 30, 2017 Order, after which Pembroke and UHS DE together became the Respondents for this matter.