Article 43

Question

Hi

I had a DOH inspection today for article 43 and I had a few folders for staff that were not fully complete for example fingerprints he gave me a Summons to appear in court, does anyone have any experience with these violations in regaurds to get a lawer or just go down and pay the violation and forget about it.

Comments

What info is needed for each staff member. Maybe we can help out.

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We didn't have all staff fingerprinted

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what else are they looking for?

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did they ask for a list of all employees ?

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No. He just told me to bring all folders from staff under article 43 program. Including bus drivers maintenance and janitors aND office staff

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wow! we made last year all our employees get fingerprinted by the DOI and we currently have every single employee in our school fingerprinted from the principals to janitors and everyone in between.

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That's nice. How did u get it done .?

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we gave them a year notice to get it done, and told them starting the new year we wont release their paychecks until they are fingerprinted and it worked .we actually did so now we have 100% compliance .

after that, all new hires are told we cant pay them unless they are fingerprinted .

just to mention this includes Therapists that come to work in our building and paras and subs (but since these people don't work for us we told them we will reimburse them the fee) so all of them are as well in compliance .

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Wow. Kudos to your school. I wish all mosdos be work on this together so everyone working in a school knows that in order to work in a school u have to be fingerprinted

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According to my knowledge and as i spoke with others, the rule is:  all employees that need to be fingerprinted  only if they are unsupervised  but if the children are supervised with a teacher that is fingerprinted then they don't need to be fingerprinted ex if a bus teacher is fingerprinted then the bus driver don't need to be fingerprinted.

See the link

https://www1.nyc.gov/assets/doh/downloads/pdf/about/healthcode/health-code-article43.pdf

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the following is the Q & A on article 43 that was Revised: June 2016

Approved by Mr. James Morriss Director, Field Operations & Regulatory Enforcement

Bureau for Child Care New York City Department of Health and Mental Hygiene, Bureau

of Day Care

Q. Which staff members must be screened for child abuse and fingerprinted

before they are employed?

A. The requirements for child abuse and criminal justice screening apply to any

person who has, will have, or has the potential for unsupervised contact with children and

include, but are not be limited to: “individual owners, persons in charge of a school,

partners, members and shareholders of small or membership corporations who are the

owners or operators of the school; educational, administrative and maintenance

employees; school bus drivers; volunteers, including parent volunteers and student

teachers, trainees or observers; and consultants and other persons employed by persons,

corporations, partnerships, associations or other entities providing services to the school.

Employees of independent contractors providing maintenance, construction, food or other

services to a school shall be screened in accordance with this section, or shall be

prohibited from working in any area or facility occupied by the school unless such person

is working under the direct supervision and within the line of sight of a screened

employee of the school…”

The school must obtain and verify credentials, including certificates and

educational transcripts, as applicable, and references prior to employment of all persons

listed in…this section.

To reiterate and paraphrase, any and all staff members who have the

potential for unsupervised contact with children must be screened and

fingerprinted. Please read the rest of this section for more detailed requirements of

a school’s obligations in this area. (Section 43.13)

 

Answer 1

you can try to call Mr. morton avigder (who is runing now for civil judge) at 9178619550, he was helpful for a lot of mosdes with this issues