One federal agency hasn’t ensured its employee gyms are safe and secure, OIG says

A new inspector general’s report has found several employee facilities within the Consumer Product Safety Commission have violated Americans with Disabilities Act regulations on access, as well as other safety and security policies. 

The management alert, posted on Nov. 8, asserts that three CPSC fitness facilities meant to serve agency employees either lacked an access control system, did not include required pre-activity screening for employees who need medical clearance to use the facilities, did not require employees to sign waivers for accessing them or, at one facility, did not provide enough floor space for wheelchair access, as required by the ADA. 

Those issues were also compiled by CPSC officials only producing one report of fitness equipment inspection, maintenance, and repair documentation over a three-year period, while they also did not include certain custodial services required by General Services Administration-issued regulations in their cleaning contracts. 

“To promote equity, inclusion and accessibility for all its employees, the CPSC must comply with the ADA,” the report said. “Similarly, the CPSC must ensure it complies with the applicable regulations for agency-operated fitness centers in order to ensure the health and safety of its employees. Failure to comply with health and safety regulations may also result in the violation of the agency’s occupancy agreement with GSA.”

The OIG examined three fitness facilities — a 3,000-square-foot facility at CPSC headquarters, a 220-square-foot facility at the National Product Testing and Evaluation Center and another 100-square-foot facility — finding multiple violations of GSA and Office of Personnel Management regulations. 

Both the NPTEC and the 100-square-foot facility lacked the required access control system, and the report noted that though contract personnel are prohibited by GSA from using the fitness centers, between May 2022 and June 2023, “25 contractors accessed the HQ fitness center, including the number one user of the fitness center who represented ten percent of all usage during the period.”

The CPSC also failed to require employees to sign waivers and informed consent forms at any of its fitness facilities or obtain a pre-activity screening to identify any medical risks employees may face in using the fitness equipment.  

The ADA also requires a minimum of 30 inches by 48 inches of floorspace to allow for equal access to the facilities, but the NPTEC gym did not provide enough room to access its free weights, which were blocked by other equipment.  

The OIG also found that CPSC’s cleaning contracts for the fitness facilities did not include provisions required by GSA for above standard custodial services like: 

• Maintenance of group fitness room floor- if wood will require periodic stripping buffing, and waxing
• Cleaning, disinfecting and dusting fitness equipment to include free weights, machines, mats, steps, balls etc.
• Cleaning and disinfecting under equipment such as cardio-vascular equipment, free weights, and circuit machines
• Cleaning and disinfecting FC floor to ceiling mirrors where ladders are required
• Cleaning and disinfecting inside lockers
• Providing shower gel
• Providing cloth towel service

The report noted that CPSC did not provide cleaning contracts for the NPTEC and 100-square-foot facility. 

In its response to the OIG, CPSC officials said that they intend to “ensure compliance with OPM’s Employee Health Services Handbook and the Americans with Disabilities Act Accessibility Standards in its future operation of any CPSC fitness centers,” while reiterating its promise to conform to GSA fitness center policies.