An employee complaint prompted an inspection by the US Department of Labor’s Occupational Safety and Health Administration (OSHA), who then determined that a New York Medical Center lacked adequate safeguards for employees in the pediatric emergency department.
OSHA found that employees, including nurses, assistants, technicians, and security personnel, were exposed to workplace violence. In some instances, physical assaults from violent patients occurred during one-on-one patient observations, when restraining patients during assaults and attempted escapes, and while performing holds on or restraining patients. The violent incidents resulted in worker injuries, including broken bones; bites; and neck, back, and shoulder injuries. The injuries caused some employees to incur lost work time.
OSHA determined that the Medical Center’s workplace violence prevention program was inadequate and lacked effective engineering and administrative controls and employee training to protect workers against the recurring hazard of workplace violence.
OSHA cited the Medical Center for one serious violation under the general duty clause, with a proposed penalty of $13,653 for not providing a workplace free from recognized hazards likely to cause death or serious physical harm to employees. The agency also cited the facility for two other-than-serious violations with $3,902 in proposed penalties for incomplete, inaccurate, and untimely injury and illness incident reports.
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 findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance.
OSHA Area Director Robert T. Garvey in Tarrytown New York stated, “This employer ignored repeated episodes of physical assault that put their employees at risk. Employers can and must reduce workplace violence hazards by implementing and maintaining an effective workplace violence prevention program, which is an essential safeguard for these essential workers.”
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 a financial penalty and other sanctions.
Discussion Points
- Review policies and procedures related to workplace violence. Ensure that the policies and procedures incorporate OSHA’s guidelines and standards that are designed to support a safe working environment.
- Train all staff on your policies and procedures related to workplace violence. Include this education in new hire orientation and annually to all staff. Repeat training should an incident occur. Ensure that all leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment. Train them to observe to ensure that they are implemented, and encourage them to report and correct any observed violations. Document that these trainings occurred and place the signed document in each employee’s individual education file.
- Periodically audit to ensure that staff are trained and knowledgeable of the OSHA guidance provided in your policies and procedures related to workplace violence, and that these protocols are being followed.
