The US Department of Labor (DOL) announced on May 25, 2023, that an Ohio children’s hospital failed to protect employees — including nurses and mental health professionals — from patients whose bites, kicks, punches, and other assaults caused serious injuries. Responding to a complaint of unsafe working conditions at the hospital, investigators with the department’s Occupational Safety and Health Administration (OSHA) opened an investigation in November 2022.
OSHA determined that the facility did not protect its employees from violent incidents involving the hospital’s patients in which nurses and mental health staff suffered concussions, lacerations, contusions, and sprains. The agency also learned the facility failed to keep proper records of employee injuries as required.
OSHA issued citations to the facility for one serious violation and one other-than-serious violation and proposed $18,000 in penalties.
OSHA’s guidelines for preventing workplace violence in healthcare can be accessed here.
Compliance Perspective
Issue
The General Duty Clause from the OSHA Act of 1970 requires that, in addition to compliance with hazard-specific standards, all employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence is a recognized hazard within the healthcare sector and as such, employers have the responsibility via the Act to abate the hazard. OSHA relies on the General Duty Clause for enforcement authority. Employers are obligated to comply with OSHA guidelines and standards, and to ensure that all healthcare staff work in a safe environment. Failure by a facility to follow OSHA guidelines and regulations may result in a financial penalty and other sanctions.
Discussion Points
- Review policies and procedures related to risk management and preventing workplace violence. Ensure that the policies and procedures incorporate OSHA’s guidelines and standards that are designed to support a safe working environment.
- Train staff on your policies and procedures related to preventing workplace violence. Ensure that all leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment. Staff should know that reporting any concerns is mandatory, and could save a life or prevent serious injury. Hold mock drills that include participation of law enforcement and other first responders to assess the effectiveness and competence of staff in responding to emergency situations, and provide information to residents and responsible parties through your usual communication modalities. Document these actions thoroughly.
- Periodically audit to ensure that staff are trained and knowledgeable of the OSHA guidance provided in your policies and procedures related to all categories of workplace violence, and that these protocols are being followed. Also audit to ensure that staff are aware of their duty to report any concerns to their supervisor, the compliance officer, or via the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
