A federal investigation into workplace safety following the tragic death of a licensed practical nurse (LPN) during a home visit in Willimantic, Connecticut on October 28, 2023, revealed serious deficiencies in safeguarding measures by one of the nation’s largest home healthcare providers. The US Department of Labor’s Occupational Safety and Health Administration (OSHA) concluded that the provider failed to provide adequate protection for its employees, including the LPN, against the threat of workplace violence.
According to a May 1, 2024, press release, OSHA found that the home healthcare provider’s employees were exposed to violence from patients who displayed aggressive behavior and were known to pose a risk to others, both on and before the date of the incident.
Following its investigation, OSHA cited the provider for not developing and implementing adequate measures to protect employees from the ongoing serious hazard of workplace violence. The agency also cited the provider for one other-than-serious violation for not providing work-related injury and illness records to OSHA within four business hours, as required.
OSHA also found that the provider could have reduced the hazard of workplace violence by, among other ways, performing root cause analyses on incidents of violence and near misses, providing clinicians with comprehensive background information on patients prior to home visits, providing emergency panic alert buttons to clinicians, and developing procedures for the use of safety escorts for visits to patients with high-risk behaviors. The provider now faces $163,627 in proposed penalties.
Compliance Perspective
Issue
The Bureau of Labor Statistics reports 849 US workers died in workplace violence incidents in 2022. To address workplace violence, employers should have in place a comprehensive workplace violence prevention program. Elements of a plan should include management commitment and employee involvement; implementation of a written program including the establishment, membership, and role of a Workplace Violence Safety Committee; analysis of home and nursing facility environments upon new patient admission; hazard prevention and control; training and education, including resources for impacted employees; recordkeeping; and solicitation of employee feedback during the review process.
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.*
