Napa State Hospital administrators were aware that patients who had free reign of facility grounds had a history of illegal drug use, stalking and aggressive behavior but took “no reasonable effort” to protect workers, according to a citation issued Tuesday over the death of worker Donna Gross.
California’s occupational health agency fined Napa State Hospital more than $100,000 over failures to safeguard workers that were uncovered after a patient allegedly strangled psychiatric technician Donna Gross, 54, in October.
Jess Willard Massey was arrested on suspicion of killing Gross soon after the attack.
California Division of Occupational Safety investigators found that Massey was awarded a “grounds pass” by facility staff, a privilege that allows patients to roam freely through the sprawling and shaded campus. Cal OSHA investigators, however, found that such a system exposed staff to danger.
Department of Mental Health authorities, who oversee Napa State and other state mental hospitals, said Wednesday that they will appeal the fines.
The citation (embedded below) for “willful” violation of worker safety regulations say that Napa State administrators were alerted in meetings that patients who held grounds passes acted in a threatening and “felonious” manner. However, administrators “failed to address the hazard,” and did not follow their own policies meant to restrict the grounds passes of rule-breaking patients, records show.
According to a narrative investigation report (also below), factors giving rise to Gross’ homicide included an inadequate employee alarm system that did not work outside of buildings and the lack of an outdoor alarm system. Investigators also found that the hospital had inadequate police presence to protect staff from assaults and an ineffective Injury and Illness Prevention Program.
Doctors represented by the Union of American Physicians and Dentists lauded the fine.
"We are pleased that OSHA has issued these fines against the Department of Mental Health, but frankly, it's not enough,” according to a statement by UAPD president Dr. Stuart Bussey. “One hundred thousand is peanuts compared to a life. But we're optimistic that these fines mean we're on the road to making DMH facilities safe for staff and patients.”
Krisann Chasarik, a spokeswoman for Cal OSHA, said investigators are still looking into an assault by a patient on a respiratory therapist that occurred in December.
California Department of Mental Health, which runs the hospital, issued a statement Wednesday by acting director Cliff Allenby:
"The Department of Mental Health has taken significant steps to improve safety and security at Napa State Hospital, including issuing personal alarms to employees, increasing hospital police presence, limiting grounds access and aggression reduction training for staff. Although DMH is appealing the citations, the department will continue to work together with legislators, hospital staff, labor groups and other stakeholders to further enhance safety and security at the state hospitals."
Workers held a vigil and protests soon after Gross’ death and in recent weeks, have been seeking stepped-up safety measures at the hospital. During the most recent protest, workers called for “less talk and more action.”
Copies of Cal OSHA citations and a narrative summary:
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