The US Department of Labor Occupational Safety and Health Administration (OSHA) has reached a settlement with a Florida-based behavioral healthcare and residential treatment facility (facility) to prevent future employee injuries after a series of violent incidents in the spring and fall of 2020.
The facility has accepted an OSHA finding that it exposed behavior health technicians to attacks on five occasions in 2020 when workers were spit on, kicked in the ribs, and suffered sprains, cuts, fractures, and a concussion. OSHA issued the facility a serious citation for failing to adequately protect workers from patient-on-staff violence and an other-than-serious citation for failing to report a worker hospitalization within 24 hours. The facility has agreed to pay $6,747 for these citations.
As part of the settlement, the company will hire a qualified consultant to improve its workplace violence prevention program, develop a way to alert workers to violent patients and triggers that may lead to violence, revise its safety protocols, increase staffing, provide worker training, and improve communication about safety.
The OSHA Area Director in Tampa, Florida stated, “This case should serve as a reminder for all employers to review their workplace violence prevention programs to ensure the safety of their workers.”
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe workplaces for their employees. OSHA’s role is to help ensure safe conditions for America’s workers.
OSHA’s tool for Preventing Workplace Violence in Healthcare can be accessed here.
OSHA’s Guidelines for Preventing Workplace Violence for Healthcare and Social Services Workers can be accessed here.
Compliance Perspective
Issue
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 citations and financial and other penalties.
Discussion Points
- Review policies and procedures related to workplace violence. Ensure that the policies and procedures incorporate OSHA’s guidelines and standards to ensure a safe working environment.
- Train all staff on policies related to workplace violence, on prevention protocols, and on the process for reporting potential or actual occurrences they experience or observe. Ensure that all leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment and prepared to respond to an event. Document that these trainings occurred and file each signed training document is filed in employee’s individual education file.
- Periodically audit to ensure that policies and procedures related to workplace violence are being followed by all members of the staff.
FOR MORE INFORMATION ON THIS TOPIC VIEW: INCIDENTS BETWEEN RESIDENTS AND EMPLOYEES and WORKPLACE VIOLENCE PREVENTION AND RESPONSE.
