Federal safety inspectors found that the US Department of Veterans Affairs endangered maintenance workers at one of its Arizona facilities by allowing them to work on steam lines without ensuring they followed required safety procedures, the US Department of Labor (DOL) announced on April 17, 2023. The DOL’s Occupational Safety and Health Administration (OSHA) identified one willful violation and two repeated violations and issued three serious notices for exposing employees to burns and other serious injuries. OSHA identified the violations during an October 2022 inspection.
The findings came less than two years after a pair of workers died at a Connecticut facility in November 2020 after suffering fatal burns while working on a steam line. In that case, OSHA cited similar violations to those found in Arizona.
During the inspection, OSHA inspectors determined the Arizona facility lacked energy-isolating procedures—also known as lockout/tagout—that are designed to prevent the release of hazardous energy when steam lines are being maintained or serviced. They found employees followed an ad-hoc process that did not meet OSHA requirements, and that the facility failed to train workers on safety procedures.
“Federal law requires all employers, public or private, to provide a safe workplace. Management at all Veterans Affairs facilities should review their employee safety and health programs to ensure they comply with industry and OSHA standards for isolating hazardous energy before another tragedy occurs,” said OSHA Area Director T. Zachary Barnett.
Under Executive Order 12196, federal agencies must comply with the same safety and health standards as private sector employers covered under the Occupational Safety and Health Act of 1970. Federal agencies are issued notices of unsafe and unhealthful working conditions and required to demonstrate they have abated hazards found but are not assessed monetary penalties. For similar violations, a private sector employer could face penalties of up to $315,875.
OSHA’s Lockout/Tagout Fact Sheet can be accessed here.
Compliance Perspective
Issue
Energy sources including electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other sources in machines and equipment can be hazardous to workers. During the servicing and maintenance of machines and equipment, the unexpected startup or release of stored energy can result in serious injury or death. Injuries may include electrocution, burns, crushing, cutting, lacerating, amputating, or fracturing body parts, and others. Employers are obligated to comply with OSHA guidelines and standards and to ensure that all healthcare staff work in a safe environment. A facility’s Safety Committee can be instrumental in identifying safety risks and taking a proactive approach to reducing injuries and illnesses. Failure by a facility to follow OSHA guidelines and regulations may result in financial penalties and other sanctions.
Discussion Points
- Review your policies and procedures related to lockout/tagout and promoting a safe work environment. Ensure that the policies and procedures incorporate OSHA’s guidelines and standards.
- Train all staff on policies related to reducing employee injuries and illnesses and their responsibility to follow those guidelines. Ensure that leadership and appropriate staff are knowledgeable of OSHA’s standards for a safe working environment, including lockout/tagout procedures. Document that these trainings occurred and file each signed training document in the employee’s individual education file.
- Periodically audit to ensure that employees are complying with lockout/tagout procedures and following policies and procedures for maintaining a safe environment. Monitor injury and illness logs and trends and address any concerns promptly.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
