Following a COVID-19 outbreak that led to death of two employees in March 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) found that a New Jersey healthcare service provider failed to implement a required COVID-19 prevention program at two of its locations.
OSHA determined that the provider did not develop and implement timely and effective measures to mitigate the spread of the virus following outbreaks in one of their group homes and at a program center. The company failed to identify and isolate clients suspected of having COVID-19 who resided in its group homes, and did not adequately inform staff who worked with these clients about the associated risks.
As a result, two of its employees suffered exposure and eventually died from COVID-19. The outbreaks also exposed employees at the healthcare service provider’s other group homes. In addition, OSHA found that the healthcare service provider failed to:
- Develop and implement a respiratory protection program.
- Provide NIOSH-certified respirators to employees who provided care to confirmed coronavirus-positive clients.
- Provide workers with fit tests or medical evaluations to ensure effective use of the required respirators.
- Provide effective training in the use, cleaning and storage of a respirator.
OSHA cited the company with a serious violation of the respiratory protection standard, and a serious violation of the general duty clause that requires employers to ensure workplaces are free of recognized hazards that may result in death or serious physical harm. The proposed penalties total $27,306.
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.
On March 12, 2021, OSHA launched a National Emphasis Program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. 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.
On June 10, 2021, OSHA also issued an Emergency Temporary Standard (ETS) to protect healthcare workers from contracting COVID-19. The ETS is effective immediately upon publication in the Federal Register.
OSHA’s National Emphasis Program can be accessed here.
OSHA’s Emergency Temporary Standard can be accessed here.
OSHA’s COVID-19 information and resources can be accessed here.
Compliance Perspective
Issue
Although COVID-19 cases are decreasing across the nation, facilities must continue to ensure that residents, staff, families, and visitors are safe. OSHA requires compliance with their guidelines and regulations by each facility 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 to ensure that OSHA’s regulations are incorporated into protocols related to COVID-19. Review your policy and procedure for OSHA recordkeeping and reporting an injury, illness, or fatality to OSHA.
- Train all staff on policies related to COVID-19. Train appropriate staff on policies and procedures for OSHA recordkeeping and reporting an injury, illness, or fatality to OSHA. Ensure that all staff are educated about their responsibility to report work-related injuries or illnesses immediately to their supervisor and to human resource personnel for inclusion in OSHA logs as required.
- Periodically audit to ensure that policies and procedures related to COVID-19 are being followed. In addition, periodically audit to ensure that all OSHA recording forms are accurate and up-to-date, and that all injuries, illnesses, and any fatalities have been reported to OSHA within required timeframes. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual, Chapter 11 Infection Prevention and Control, Policy IC 1.0 E.
