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    Thursday, May 16, 2024

    Home health agency failed to protect Conn. nurse killed in Willimantic, OSHA says

    Hartford — The Occupational Safety and Health Administration has found a home care agency failed to protect an employee who was killed while working at a halfway house in Willimantic, officials say.

    OSHA's investigation found nurse Joyce Grayson's employer, Elara Caring, did not provide adequate safeguards to protect her and other employees from the danger of workplace violence, the U.S. Department of Labor said in a news release Wednesday.

    On Oct. 28, 2023, police said Grayson went to administer medication to Michael Reese at a halfway house for sex offenders in Willimantic. She later was found dead by asphyxia due to neck compression.

    Reese, 39, was charged with murder, felony murder and criminal attempt to commit sexual assault on April 19.

    OSHA said Elara Caring on that day exposed home health care employees to workplace violence from patients who exhibited aggressive behavior and were known to pose a risk to others. As a result, it said, OSHA cited Jordan Health Care Inc. and New England Home Care Inc., both doing business as Elara Caring, for one willful violation under the agency's general duty clause.

    Grayson's employer was cited for not developing and implementing adequate measures to protect employees from the ongoing serious hazard of workplace violence, OSHA said. The agency also cited the employer for one other-than-serious violation for not providing work-related injury and illness records to OSHA within four business hours as required, it said.

    For the violations, OSHA said Elara Caring faces $163,627 in proposed penalties.

    In a statement Wednesday afternoon, Elara said it planned on fighting the penalties and findings.

    "The citation that the Occupational Safety and Health Administration issued to the company is unwarranted, and we intend to contest it vigorously," the statement said. "Connecticut's Department of Correction, Board of Pardons and Parole, and Judicial Branch determined that the patient who allegedly murdered New England Home Care, Inc. nurse Joyce Grayson was safe for reentry into the community. Post-release, state authorities were responsible for monitoring and managing the patient's activities. The death of Joyce Grayson was a tragedy, and we continue to grieve with the family."

    Charles McGrevy, OSHA's Hartford area director, said Elara failed its legal duty to protect Grayson against a known hazard, and it cost her her life.

    "For its employees' well-being, Elara must develop, implement and maintain required safeguards such as a comprehensive workplace violence prevention program," he said. "Workplace safety is not a privilege; it is every worker's right."

    OSHA said Elara should put in place a workplace violence prevention program and training, adding it has 15 business days to comply, request a conference with McGrevy or contest the report's findings.

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