Failure to Ensure Safe Smoking and Vaping Practices Creates Immediate Jeopardy
Summary
The facility failed to ensure a resident environment free from accident hazards, specifically related to smoking and vaping practices among residents. Multiple residents who smoked or vaped were not provided with appropriate safety measures, such as the use of required adaptive devices like smoking aprons, despite assessments indicating their necessity. Observations revealed that residents smoked near facility entrances and discarded cigarette butts on the ground or in non-fireproof trash cans containing ignitable materials, with no fireproof receptacles available. Additionally, residents were observed smoking without the required adaptive equipment, and some had visible burn injuries and burn holes in their clothing as a result of unsafe smoking practices. Annual smoking safety screening assessments were not completed for several residents who smoked, and no safety assessments were performed for residents who used electronic cigarettes (vapes). The facility's policy stated it was a smoke-free and vape-free campus, requiring residents and staff to smoke or vape off property, but in practice, residents continued to smoke on or near the property without supervision or designated safe areas. Interviews with residents and staff confirmed that residents kept their own cigarettes and lighters in their rooms or on their person, and the facility did not maintain accountability for these items. Resident rooms were unsecured and often left open, increasing the risk of access to lighters and smoking materials by other residents, including those with cognitive impairments. The lack of secure storage for lighters, absence of fireproof receptacles, failure to enforce the use of adaptive safety devices, and incomplete or missing safety assessments for both smokers and vapers created an environment with immediate risk of injury or death. These deficiencies were observed through direct observation, interviews, and record reviews, and affected multiple residents with significant medical histories, including those with paralysis, cognitive impairment, and other serious health conditions. The situation resulted in an immediate jeopardy finding under CFR 483.25(d) Accidents.
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