Nursing Home Company Settles Case, Adopts Ergonomic Measures

Jan. 17, 2002
Beverly Enterprises agrees to adopt specific measures to reduce back injuries among employees as part of a settlement it reached after a long battle with OSHA.

Some lawmakers and government officials might claim that there is no need for an ergonomics standard, but don't tell that to Beverly Enterprises Inc., one of the nation's largest nursing home operators, or its employees.

As part of a settlement reached with the Occupational Safety and Health Administration (OSHA), Beverly Enterprises will adopt specific measures to reduce back injuries for employees involved in lifting nursing home residents. The company also agreed to establish a training program and purchase mechanical lift equipment. The settlement applies to all Beverly Enterprises facilities within federal OSHA jurisdiction.

"After years and years of litigation, we are pleased to resolve this matter and move forward with steps to eliminate hazards and better protect the employees of Beverly Enterprises," said Labor Secretary Elaine L. Chao.

The agreement settles 18 citations issued by OSHA to five Pennsylvania nursing homes following a 15-month investigation that began in May 1991 in response to complaints that workers were suffering back injuries related to lifting and transferring residents. The agency found that the company's injury and illness records revealed numerous musculoskeletal injuries sustained by nursing assistants that resulted in extensive lost work time and restricted work duty. The agency proposed a fine of $34,800.

Beverly Enterprises contested the citations before the Occupational Safety and Health Review Commission (OSHRC) administrative law judge, who set aside the citations. In November 1995, OSHA appealed OSHRC's ruling on the basis that the agency clearly showed the existence of a hazard to nursing assistants through, among other things, documented back injuries in the five nursing homes and through the testimony of expert witnesses.

"This agreement represents a major commitment to eliminate serious injuries and provide these employees the needed protection," said OSHA Administrator John L. Henshaw. "The company has agreed to implement these new changes not only at the Pennsylvania facilities but also at all locations within federal OSHA jurisdiction."

The Service Employees International Union (SEIU), District Local 1199P and Local 668, which represent workers at the Pennsylvania facilities, also signed the settlement agreement.

Under terms of the settlement agreement, Beverly agreed to withdraw its contest of the citations and OSHA agreed to withdraw the proposed penalties.

Beverly Enterprises Inc., headquartered in Ft. Smith, Ark., is one of the largest nursing home operators in the U.S. The company currently operates approximately 240 nursing homes that are covered by this settlement. The cited facilities involved in this agreement are Carpenter Care Center in Tunkhannock, Pa.; Blue Ridge Haven Convalescent Center (d/b/a West Shore Health and Rehabilitation Center) in Camp Hill, Pa.; Beverly Manor of Monroeville in Monroeville, Pa.; Meyersdale Manor in Meyersdale, Pa.; and Richland Manor in Johnstown, Pa.

edited by Sandy Smith ([email protected])

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

Sponsored Recommendations

Avetta Named a Leader in The Verdantix Green Quadrant: Supply Chain Sustainability Software 2024

Nov. 26, 2024
Avetta was named a leader by Verdantix in a 2024 sustainability software report for our ability to help clients and suppliers build sustainable supply chains.

Avetta is a Leader in Supply Chain Sustainability Software

Nov. 26, 2024
Verdantix has named Avetta a leader in its 2024 Green Quadrant for Supply Chain Sustainability Software. Download the report for independent insights into market trends and top...

The Power of Benchmarking in Procurement: Driving Success and Strategic Planning

Nov. 26, 2024
Explore the strategic impact of benchmarking in procurement to drive success and plan effectively.

Additional Resources About ESG in the Supply Chain

Nov. 26, 2024
Discover over 20 valuable resources related to ESG in the supply chain, including research reports, global standards, and recommendations for managing ESG risks.

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!