Failure to Enforce No-Smoking Policy Creates Accident Hazard
Penalty
Summary
Surveyors observed that the facility failed to maintain a safe and healthy living environment by not enforcing its no-smoking policy on the third floor, where 59 residents reside. On multiple occasions, surveyors detected the smell of cigarette smoke inside a resident's room shortly after leaving, and cigarette butts were found on the floor next to a resident's bed. Interviews with staff, including the Assistant DON and Social Service Director, confirmed that smoking is prohibited inside the building due to safety concerns and state law, especially given the presence of oxygen in the facility. Despite these policies, a resident admitted to having smoked inside the facility in the past and was known to be non-compliant with the smoking policy, as documented in their care plan. Staff reported that they had not witnessed residents smoking in the facility and had not been notified of such incidents, although procedures were in place for searching residents and their rooms if smoking was suspected. The facility's smoking safety policy clearly states that smoking is only allowed in designated outdoor areas and that the interior of the facility must remain smoke-free at all times. The presence of cigarette smoke and cigarette butts in a resident's room, along with the resident's history of non-compliance, demonstrates a failure to adequately supervise and enforce the facility's smoking policy, resulting in an accident hazard for residents and staff.