The US Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited the owner-operator of four Rhode Island medical facilities for failing to protect workers from exposure to COVID-19 after six employees tested positive for the virus in the fall of 2020.
OSHA investigators found that the owner of the four medical facilities willfully exposed employees to COVID-19. OSHA determined the owner continued to interact with workers and did not fully implement safeguards after he exhibited symptoms of COVID-19 and later tested positive.
The owner and his companies face a proposed fine of $136,532 for failing to:
- Implement engineering controls, such as portable high-efficiency particulate air fan/filtration systems, and barriers between adjacent desks;
- Implement administrative controls, such as cleaning and disinfecting, and symptom screening of all employees; and
- Mandate contact tracing or quarantine periods after employee exposure to coronavirus-exposed patients.
OSHA’s Area Director in Providence Rhode Island stated, “This employer placed workers and others at risk of contracting the coronavirus. Employers have a responsibility to isolate workers and themselves if they show symptoms of the virus. Protecting employees and patients by implementing timely and effective safeguards and controls to minimize exposures is critical to mitigating the spread of the virus.”
The employer has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the finding before an independent OSHA Review Committee.
On March 12, 2021, OSHA launched a national program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting COVID-19. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law. OSHA’s News Release pertaining to their enhanced program can be accessed here.
OSHA’s Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace can be accessed here.
OSHA’s COVID-19 information and resources can be accessed here.
Compliance Perspective
Issue
Although COVID-19 rates are dropping across the country, it continues to be essential that each facility has the most up to date information in their Infection Control Plan. Additionally, 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 your Infection Control Plan. Ensure that it has incorporated OSHA’s guidelines and standards to ensure a safe working environment for all.
- Train all staff on your Infection Control Plan. Ensure that leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment. Document that these trainings occurred and file each signed document in employee’s individual education file.
- Periodically audit to ensure that your Infection Control Plan is being followed by all members of the staff in all areas of your organization.
