OSHA violations

is your boss in compliance? or was he fooled into being non-compliant?

here is sine communication I’ve had with OSHA about a friend who was forced to use N95’s without training fut testing, and medical evaluations. I would call ot criminal Gross Negligence.

On Fri, Jan 20, 2023, 3:13 PM Ma Tu

<oshafactchecker@gmail.com>

wrote: The letter in the mail came today..from Brown, Derek J. Sent Dec 22, 2022

Which states employees at the Norwich vet center are not required to use respirators, which is false. I have spoken to several employees who state that Jamie Harnandez the Director first forced them to use loosfitting surgical masks, which isn’t allowed because of

OSHA 29 CFR 1910.134(f)(2) The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.

So the CDC & FDA wants people to break the law while OSHA collects $8 million from Employers who allow it to happen? which is cited as the #1 citation for COVID-19 Specific citations during the pandemic and the Respiratory Protection program went from an average 4th/5th on top 10 most violated (and is a yearly report to the POTUS.

Norwich issued N95’s to employees.

Found here is those COVID-19 Specific citations.

https://www.osha.gov/coronavirus/standards

Here is the cited covid-19 Specific citations for COVID-19 related citations from 2020 to Nov 2022

https://www.osha.gov/enforcement/covid-19-data/inspections-covid-related-citations

If the Employer/Director (Jamie Harnandez) allows them to use those Loose fitting masks he shall make sure it doesn’t become a hazard to the employee using it or other employees, via

OSHA 29 CFR Appendix (D-1) which is under OSHA 29 CFR 1910.134(c)(2)(i) An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in appendix D to this section (“Information for Employees Using Respirators When Not Required Under the Standard”); and Found Here

https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.134AppD

And also

https://www.osha.gov/laws-regs/standardinterpretations/2017-12-20

Which states within it’s standard and Interpretations from OSHA that. Which states “However, surgical masks may not be used in lieu of required respiratory protection. Surgical masks are not considered respirators by OSHA and, as such, are not covered by 29 CFR 1910.134. They are fluid resistant, disposable, and loose-fitting protection that create a physical barrier between the mouth and nose of the wearer and potential contaminants in the immediate environment.”

From December 20, 2017. https://www.osha.gov/laws-regs/standardinterpretations/2017-12-20

However, surgical masks do not seal tightly to the wearer’s face, nor do they provide a reliable level of protection from inhaling smaller airborne particles.

While on July 7th 2021, OSHA put out this https://www.osha.gov/laws-regs/standardinterpretations/2021-07-07

FROM: PATRICK J. KAPUST, Acting DirectorDirectorate of Enforcement Programs

THROUGH: AMANDA EDENSDeputy Assistant Secretary

MEMORANDUM FOR: REGIONAL ADMINISTRATORSSTATE PLAN DESIGNEES,

Which states “This memorandum also includes policy changes regarding enforcement discretion for periodic respiratory protection equipment shortages and associated constraints (i.e., fit-testing supplies and provision of related services) during the COVID-19 pandemic. Although OSHA had not waived compliance with any of its requirements during the pandemic, the agency set forth temporary enforcement discretion policies that CSHOs could consider when enforcing OSHA standards, such as the Respiratory Protection standard, 29 CFR § 1910.134, and/or equivalent respiratory protection provisions of other health standards”

At some point those employees stated that N95 were issued to them without Training, without Fit Testing and without Medical Evaluations, which alone for each employee is a safery violation and more than $14,000 a citation and considered Wilful Neglest under OSHA’s standards. Today those 3 violations is upwards of $42,000 per employee.

If the VA employees in medical setting are required to wear a disposable protective medical mask per VA regulations, where is the OSHA 29 CFR 1960.17 Alternate standard request send to OSHA allowing and approving it prior to implementation.

Why is the standard OSHA 29 CFR 1960.46(a) being violated where VA is firing people who, for health reasons, refuse to wear a mask and or FFR Respitory when they haven’t performed the proper Medical Evaluations with the questionnaire OSHA 29 CFR 1910.134 Appendix(c)

Found here

https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.134AppC

which lists the many medical conditions that are designed to protect the Employee from those Employers like

Part A. Section 2. (Mandatory) Questions 1 through 9 below must be answered by every employee who has been selected to use any type of respirator (please circle “yes” or “no”).

1. Do you currently smoke tobacco, or have you smoked tobacco in the last month: Yes/No

2. Have you ever had any of the following conditions?a. Seizures: Yes/Nob. Diabetes (sugar disease): Yes/Noc. Allergic reactions that interfere with your breathing: Yes/Nod. Claustrophobia (fear of closed-in places): Yes/Noe. Trouble smelling odors: Yes/No

3. Have you ever had any of the following pulmonary or lung problems?

a. Asbestosis: Yes/No

b. Asthma: Yes/No

c. Chronic bronchitis: Yes/No

d. Emphysema: Yes/No

e. Pneumonia: Yes/No

f. Tuberculosis: Yes/No

g. Silicosis: Yes/Noh. Pneumothorax (collapsed lung): Yes/No

i. Lung cancer: Yes/No

j. Broken ribs: Yes/No

k. Any chest injuries or surgeries: Yes/Nol. Any other lung problem that you’ve been told about: Yes/No

4. Do you currently have any of the following symptoms of pulmonary or lung illness?

a. Shortness of breath: Yes/Nob. Shortness of breath when walking fast on level ground or walking up a slight hill or incline: Yes/No

c. Shortness of breath when walking with other people at an ordinary pace on level ground: Yes/No

d. Have to stop for breath when walking at your own pace on level ground: Yes/No

e. Shortness of breath when washing or dressing yourself: Yes/No

f. Shortness of breath that interferes with your job: Yes/No

g. Coughing that produces phlegm (thick sputum): Yes/No

h. Coughing that wakes you early in the morning: Yes/No

i. Coughing that occurs mostly when you are lying down: Yes/No

j. Coughing up blood in the last month: Yes/No

k. Wheezing: Yes/No

l. Wheezing that interferes with your job: Yes/No

m. Chest pain when you breathe deeply: Yes/No

n. Any other symptoms that you think may be related to lung problems: Yes/No

5. Have you ever had any of the following cardiovascular or heart problems?

a. Heart attack: Yes/No

b. Stroke: Yes/No

c. Angina: Yes/No

d. Heart failure: Yes/No

e. Swelling in your legs or feet (not caused by walking): Yes/No

f. Heart arrhythmia (heart beating irregularly): Yes/No

g. High blood pressure: Yes/No

h. Any other heart problem that you’ve been told about: Yes/No

6. Have you ever had any of the following cardiovascular or heart symptoms?

a. Frequent pain or tightness in your chest: Yes/No

b. Pain or tightness in your chest during physical activity: Yes/No

c. Pain or tightness in your chest that interferes with your job: Yes/No

d. In the past two years, have you noticed your heart skipping or missing a beat: Yes/No

e. Heartburn or indigestion that is not related to eating: Yes/No

f. Any other symptoms that you think may be related to heart or circulation problems: Yes/No

7. Do you currently take medication for any of the following problems?

a. Breathing or lung problems: Yes/No

b. Heart trouble: Yes/No

c. Blood pressure: Yes/No

d. Seizures: Yes/No

8. If you’ve used a respirator, have you ever had any of the following problems? (If you’ve never used a respirator, check the following space and go to question 9:)

a. Eye irritation: Yes/No

b. Skin allergies or rashes: Yes/No

c. Anxiety: Yes/No

d. General weakness or fatigue: Yes/No

e. Any other problem that interferes with your use of a respirator: Yes/No

9. Would you like to talk to the health care professional who will review this questionnaire about your answers to this questionnaire: Yes/No

I have tried to file an SEC Whistleblower case aginst the VA in Dec of 2021 & March of 2022, where the VA Whistleblower Analysts, Sam Glover, from PA said they were flowing FDA guidlines for EUA’s that have already been revoked (July 6th, 2021), and where FDA standards do not overrule OSHA and the Final Rule of 1998 by Suprime Court which state ample amounts of information for these rules and regulations.

This complain is correct, and their use is not in compliance with OSHA, all attempts to correct the situation have been blocked which is TITLE 18 USC 2071 violation which is up to 5 years in Prison.

As far as purchasing them masks over the counter at CVS, those EUS’s Sent out in Feb 4th of 2020 stated they still needed to be equivalent to NIOSH, if it wasnt equivalent to the NIOSH standard it broke FDA MOU’s for aporving masks (class II medical devices) which still had to have testing vs bacterial filtration efficiency (which no loose fit mask has ever passed the NIOSH certification), even NIOSH Regulations have been made to never test them again.

Surgical Masks also must be thrown away after each; use, task, or each patient, not walk room to room. Those EUA’s from the FDA allowing the sale of masks in stores has also been revoked because we now have plunty supple of peoper N95 respiratory protection available in the Huky 7th, 2021 memorandum aent to Administrators and state plan dessignees.

I have also been discriminated aginst by Jamie Harnandez under the ADA about the issue and my services even over the Phone have been blocked, when I have been asking for help with the Councelers, as my last counselor has just retired.

I have also filed a grevance about the VA when Dr. Kauffman threatened me for talking about the masks when he told me he puts it in his pocket when not walking the halls, which was 100% aginst all the spandards given by OSHA, CDC, & FDA altogether. The letter from from Brown, Derek J. Also says “The VA has medical has policies in place for medical accommodations” this doesn’t remove the requirement to have it on file, and the training records, the Fit Yesting, or the Medical Evaluations like a letter from the PLHCP which will state the use and limitations for the individual.

Those are based on his medical health, and if he fails he cannot wear ANY MASK, because it can be a danger to his health if having and medical conditions listed in OSHA 29 CFR 1910.134 Appendix (c) while the PLHCP is supposed to use American National Standard Index (ANSI) Z88.2-Z88.6 Respiratory Protection standard and Evaluations.

This is Gross Criminal Negligence under the SAFE TO WORK ACT and those standards were designed to keep employees from being unsanitary and unsafe.

I have the training to be a Respiratory Protection Administrator and have been a HACCP Administrator, Compliance Officer, Instructor for Sanitation and Cross-contamination Prevention, Emergency Medical Assistance Team, Certified Professional Food Manager, Fire Fighter (and much more) while working on Submarines in the Navy.

V/r Matthew A. Tuinstra

I would like to know why OSHA neglected to take the issues adress and do a proper Investigation using the Field Operations Manual as I had to use on Submarines on a regular basis?

Are my CHSO’s guilty of Gross Criminal Negligence? Cause this doesn’t look good for any individual person to have this on his record. Remember TITLE 18 USC 1038 Fasle, Hoax, and Misleading information is a 5-20 year prison sentence and even Dr. Fauci and Dr. Robert Redfield can easily be exposed for the crimes.

Please adress those items one by one and let me know why you do not do an Inspection, because this is a form of Medical Terrorism from the Employer/Director of Norwich Veterans Center as it is his responsibility to follow those laws not make policy that was never approved under OSHA 29 CFR 1960.17 and is non-compliance ans not at all congruent with OSHA.

I have made many binders of all this information and copied most of those Documents for my personal Respiratory Protection program binders many times, and building another for personal use.

God Bless,Matthew Aaron Tuinstra.

no responce as of January 28, 2023 so I send them another email.

Did I scare you away? I have Rights to seek Redress for this issue. Under the 1st Amendment, you know the right to free speech, freedom of religon and to petition the Government for a redress of grievances.

Under the 9th Ammendment, no matter how many rights given to society, nobody can deny or disparage. Just so you know disparage means: cannot make it seem worthless.

Under OSHA 29 CFR 1910.134(f)(2) The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.

Which is also the #1 cited COVID-19 Specific violation, and theirs almost 3 years of them citine it af $14,000+ for each occurrence.

Theirfor if Veterans Affairs has a Policy for Employees to break this right and Protection under section 19 of the OSHA Act.

Anyone who tells me a loose fit mask is biological protection is liable under TITLE 18 USC 1038, which is False, Hoax, and Misleading information about Biological hazards, because they do not know my underlying medical issues.

I have Rights and protections that “No Employer, No employee, No Goverment agency can abuse”, not even the sitting POTUS has the authority to force me, or anyone else for that matter, just use

OSHA 29 CFR 1960.46(a) The head of each agency shall establish procedures to assure that no employee is subject to restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthful working condition, or other participation in agency occupational safety and health program activities, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by section 19 of the Act, Executive Order 12196, or this part. These rights include, among other, the right of an employee to decline to perform his or her assigned task because of a reasonable belief that, under the circumstances the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures established in accordance with this part.

I have also spoken to Employees who have been forced to wear a mask, first 2 years it was loose fit (which has been cited by CHSO’s all pandemic long in healthcare) then it was switched to N95’s, without; fitchecks, training, and medical evaluations. 1910.134(f)Fit testing. This paragraph requires that, before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. This paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how the results of the fit tests must be used.

1910.134(f)(3)The employer shall conduct an additional fit test whenever the employee reports, or the employer, PLHCP, supervisor, or program administrator makes visual observations of, changes in the employee’s physical condition that could affect respirator fit. Such conditions include, but are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in body

weight1910.134(e)(1) General. The employer shall provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee’s medical evaluations when the employee is no longer required to use a respirator.

1910.134(c)(1)(ii) Medical evaluations of employees required to use respirators.

I am also well aware of unlawful modifications to OSHA Standards and interpretations, specifically in regards to

https://www.osha.gov/laws-regs/standardinterpretations/2017-12-20

Which removed very little information but the info removed was “NOTE: however Healthcare personnel shall not use facemasks as biological protection FFR’s” which now states “However, surgical masks do not seal tightly to the wearer’s face, nor do they provide a reliable level of protection from inhaling smaller airborne particles”. Not much of a change but a change it was a change indeed and a violation of TITLE 18 USC 2071 (Concealment, removal, or mutilation generally)

My friend who is employed, told me workers are being fired for non-compliance to those bad police which not only violated

OSHA 29 CFR 1960.46(a)[ listed above] but also the alternate policy must be equal or more protective than OSHA, then sent to OSHA under 1960.17 for assessment and approval.

OSHA 29 CFR 1060.17 An agency head may apply an alternate standard where deemed necessary, and shall, after consultation with employees or their representatives, including appropriate occupational safety and health committees, notify the Secretary and request approval of such alternate standards.

1960.17(a) Any request by the head of the agency for an alternate standard shall be transmitted to the Secretary.

1960.17(b) Any such request for an alternate standard shall not be approved by the Secretary unless it provides equivalent or greater protection for affected employees. Any such request shall include:

1960.17(b)(1) A statement of why the agency cannot comply with the OSHA standard or wants to adopt an alternate standard;

1960.17(b)(2) A description of the alternate standard;

1960.17(b)(3) An explanation of how the alternate standard provides equivalent or greater protection for the affected employees;

1960.17(b)(4) A description of interim protective measures afforded employees until a decision is rendered by the Secretary of Labor; and

1960.17(b)(5) A summary of written comments, if any, from interested employees, employee representatives, and occupational safety and health committees.

I would love to see this approval letter and the policy for Veterans Affairs in regards to loose-fit masks & Respitory Protection FFR’s to ensure I am protect and my Friends Employed are also Protected, and have been trying to get this via Freedom of Information Act (FOIA) and spoke to other OSHA Officers about it.

My CONCEN As far as this Brown, Derek J. is he even qualified to be the Program Administrator? Cause this Norwich Veterans Center has been in violation of not just OSHA laws but also ADA, which also offers protections to people and children with Athsma, Allergies, and other respiratory issues like Cronic Bronchitis.

Americans with Disabilities Act (ADA) doesn’t have a list it has Conditions that when meet you are protected, and for Respiratory protection it lists senarios for kids in school, who are protected and don’t even know it, nor do the teachers.

Respectfully,

Matthew Aaron Tuinstra

Stay safe, improve your overall health and stop wearing those worthless devices that pise a risk to individuals with many medical conditions that can change daily.

God Bless,

Matthew A. Tuinsra