Inspection Findings:
Based on observation, interview, and record review it was determined the facility failed to store foods at appropriate temperatures for 1 of 3 kitchen refrigerators reviewed for food safety. The facility's failure was determined to be an immediate jeopardy situation because raw meat stored outside of an acceptable temperature was planned to be used for an upcoming meal. Findings include:
According to the U.S. Food and Drug Administration's Food Code 2022, (Chapter 3, Section 501.13), "food shall be thawed under refrigeration that maintains the food temperature at 41 degrees F or less." Chapter 3, Section 501.13 goes on to say, "improper thawing provides an opportunity for surviving bacteria to grow to harmful numbers and/or produce toxins."
On 9/23/24 at 10:24 AM an initial inspection of the kitchen was performed. During this inspection an internal refrigerator thermometer read 45 degrees F. This refrigerator contained uncooked meat thawing, bacon, various salad dressings, cooked ham, cooked pulled pork, salami, pasteurized eggs, pasteurized cheeses and butter.
On 9/25/24 at 11:20 AM the same refrigerator was inspected and the internal thermometer read 49 degrees F. This refrigerator contained the same items observed on 9/23/24 as well as uncooked beef being thawed.
On 9/25/24 at 11:20 AM Staff 8 (Dietary Director) stated the fridge had problems staying cool for a few weeks. Staff 8 stated she thought this was either due to the location of the fridge or due to a problem with the door not fully closing and staying closed. Information was provided to Staff 8 regarding the temperature being at 49 degrees F and no action was taken by Staff 8.
On 9/26/24 at 8:53 AM the Refrigerator Temperature Log for 9/2024 was reviewed and contained the following information:
- 9/1: 50 F at 6:00 PM,
- 9/2: 42 F at 6:00 PM,
- 9/4: 43 F at 6:00 PM,
- 9/5: 44 F at 6:00 PM,
- 9/6: 46 F at 6:00 PM,
- 9/7: 47 F at 6:00 PM,
- 9/10: 42 F at 6:00 PM,
- 9/15: 46 F at 6:00 PM,
- 9/18: 43 F at 7:00 AM,
- 9/18: 42 F at 6:00 PM,
- 9/19: 42 F at 6:00 PM,
- 9/22: 42 F at 9:00 AM,
- 9/22: 42 F at 3:00 PM,
- 9/23: 42 F at 7:00 AM,
- 9/23: 43 F at 7:00 PM and
- 9/24: 43 F at 2:00 PM.
On 9/26/24 at 10:54 AM Staff 8 repeated she thought the problem was just the door not fully closing and checked to ensure the door was fully closed. Staff 8 repeated previous information about the refrigerator having had problems for a few weeks and added Staff 19 (Maintenance Director) was "maybe notified about it." Records of this notification were requested, but no records were provided.
On 9/26/24 at 10:54 AM Staff 8 was requested to check the temperature of the uncooked beef which was observed to be 41.3 degrees F. No action was taken by Staff 8 after the temperature check.
On 9/26/24 at 11:05 AM Staff 19 stated he had not been informed of the refrigerator temperatures being outside of the acceptable range until 9/26/24.
On 9/26/24 at 1:20 PM Staff 8 was requested to check the temperature of the uncooked beef which was found to be at 42.9 degrees F with one thermometer. To ensure temperature accuracy, a second thermometer was used which read 42.6 degrees F. Staff 8 stated the uncooked beef had been in the fridge to thaw since 9/24/24. Staff 8 said she had planned on cooking the beef on 9/27/24 but then said, "I guess I'll do it tonight."
On 9/26/24 at 2:44 PM the facility was notified of the Immediate Jeopardy (IJ) situation beginning 9/1/24 and an immediacy removal plan was requested.
On 9/26/24 at 4:44 PM the facility submitted an acceptable immediacy removal plan which would abate the IJ situation.
The immediacy removal plan included the following:
- No foodborne illness had been identified.
- All food was removed from the refrigerator and disposed.
- The refrigerator was taken out of service.
- New foods would be purchased to serve to residents.
- All kitchen refrigerators would be checked for correct temperatures
- The Administrator would educate the Dietary Manager and all dietary staff on 9/26/24 on the importance of refrigerator temperatures and action that should occur immediately with any food temperature concerns. Education would include storage, thawing, cooking and danger zone temperatures as well as when to dispose of any food that is in question. If dietary staff does not answer, they will be educated prior to their shift.
- The Administrator would educate maintenance on the importance of placing a malfunctioning refrigerator out of service and action that should occur immediately with any food temperature concerns.
- The Administrator of designee would audit refrigerator temperature logs daily for one week, then weekly for three weeks and then monthly for two months.
- The findings would be brought to QAPI (Quality Assurance and Performance Improvement) for two months to ensure substantial compliance is met.
- The Administrator would be responsible to ensure compliance.
On 9/27/24 at 10:03 AM it was determined through observations, staff interviews and review of the facility documentation all aspects of the plan of correction were implemented and completed.
Plan of Correction:
No foodborne illness has been identified 24-hour report run on all residents at 9AM on 9/26/24, no s/sx of any foodborne illness noted or reported.
All food was immediately removed from the refrigerator not holding temperature, after Administrator was informed at 3:15 PM on 9/26/24. All food that was removed was disposed of in trash receptacles.
Fridge was taken out of service immediately after Administrator was informed at 3:15PM on 9/26/24.
New food will be purchased to serve to residents.
All kitchen refrigerators will be checked for the correct temperature today 9/26/24, and logs will be reviewed today 9/26/24.
Administrator will educate Dietary Manger and all dietary staff today 9/26/24 on importance of refrigerator temperatures and action that should occur immediately with any food temperature concerns. Education will include storage, thawing, cooking and danger zone temperatures as well as when to dispose of any food that is in question. If dietary staff does not answer, they will be educated prior to their next shift.
Administrator will educate Maintenance on importance of placing a malfunctioning refrigerator out of service and action that should occur immediately with any food temperature concerns today 9/26/24.
Administrator or Designee will audit refrigerator temperature logs daily x1 week, weekly x3 weeks and monthly x2 months.
Random interview of dietary staff on proper procedure for refrigerator temps. 3 staff per week x2weeks and 3 staff monthly x2 months.
IDT will review in QAPI to ensure all parties are aware and in agreement of plan. Will continue to review in QAPI x2 months to ensure substantial compliance is met.
Administrator is responsible to ensure compliance.