Underage Staff Operate Mechanical Lift Without Supervision
Summary
The facility failed to ensure the safe operation of a full-body mechanical lift by allowing workers under the age of 18 to operate the lift without adult supervision. This deficiency was identified through resident and staff interviews, revealing that the facility did not adhere to the guidelines set forth by the Fair Labor Standards Act (FLSA) regarding the operation of power-driven hoisting apparatus by minors. Specifically, the facility allowed Certified Nursing Assistants (CNAs) and nursing assistants under the age of 18 to use the lift without the presence of an adult over the age of 18, which is a violation of the child labor provisions. Resident #6, who had a Brief Interview for Mental Status (BIMS) score of 15 indicating intact cognition, required substantial to total assistance with activities of daily living due to conditions such as stroke, hemiplegia, and renal insufficiency. The care plan for Resident #6 specified that assistance from two staff members was needed for all transfers using the lift. However, on a specific date, Resident #6 was transferred using the lift by Staff A, Staff B, and Staff C, all of whom were under the age of 18, without adult supervision. Additionally, Staff C had not received training on how to use the facility's lift. The Director of Nursing (DON) acknowledged that staff under the age of 18 were expected to have someone over the age of 18 present when operating a lift. The facility's failure to comply with these expectations and federal regulations resulted in the improper use of the mechanical lift, as the CNAs involved did not have the necessary supervision or training to safely operate the equipment. This oversight posed a risk to both the residents and the underage staff involved in the transfer process.
Penalty
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