OSHA Penalties

Types of OSHA Citations and Fines

                                                           

OSHA issues different types of citations, depending on the nature and severity of the violation. Penalties are proposed based on the type of violation.

                                                           

If you’re cited for OSHA violations following an inspection, penalties may vary depending on the type of citation. Note, however, that in settling a penalty, OSHA says it has a policy of reducing penalties for small employers and those acting in good faith.

                                                           
         ●       Willful

A willful violation exists under the OSH Act where an employer has demonstrated either an intentional disregard for the requirements of the Act or a plain indifference to employee safety and health. Penalties range from $5,000 to $70,000 per willful violation. If an employer is convicted of a willful violation of a standard that has resulted in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment for up to 6 months, or both. A fine of up to $250,000 for an individual, or $500,000 for a corporation, may be imposed for a criminal conviction.

●       Serious

Section 17(k) of the OSH Act provides that “a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.” OSHA may propose a penalty of up to $7,000 for each violation.

●        Other-Than-Serious

This type of violation is cited in situations where the accident/incident or illness that would be most likely to result from a hazardous condition would probably not cause death or serious physical harm, but would have a direct and immediate relationship to the safety and health of employees. OSHA may impose a penalty of up to $7,000 for each violation.

●       De Minimis

De minimis conditions are those where an employer has implemented a measure different from one specified in a standard, that has no direct or immediate relationship to safety or health. These conditions do not result in citations or penalties.

●       Failure to Abate

A failure to abate violation exists when a previously cited hazardous condition, practice or non-complying equipment has not been brought into compliance since the prior inspection (i.e., the violation remains continuously uncorrected) and is discovered at a later inspection. If, however, the violation was corrected, but later reoccurs, the subsequent occurrence is a repeated violation. OSHA may impose a penalty of up to $7,000 per day for each violation.

●       Repeated

An employer may be cited for a repeated violation if that employer has been cited previously, within the last five years, for the same or a substantially similar condition or hazard and the citation has become a final order of the Occupational Safety and Health Review Commission (OSHRC). A citation may become a final order by operation of law when an employer does not contest the citation, or pursuant to court decision or settlement. Repeated violations can bring a civil penalty of up to $70,000 for each violation.

Additional violations for which citations and proposed penalties may be issued upon conviction:

•  Falsifying records, reports or applications can bring a fine of $10,000 or up to 6 months in jail, or both.
•  Violations of posting requirements can bring a civil penalty of up to $7,000.
•  Assaulting a compliance officer, or otherwise resisting, opposing, intimidating, or interfering with compliance officers while they are engaged in the performance of their duties is a criminal offense, subject to a fine of not more than $5,000 and imprisonment for not more than 3 years.

Don’t Take the Risk!

Why risk citations and penalties when you can ensure OSHA compliance with an affordable and effective compliance training program? For more information on this and other topics related to HIPAA, OSHA, Medicare and HR compliance please email support@hcsiinc.com or visit our website at http://www.hcsiinc.com 
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Would Your Office Pass the Top 10 OSHA Citations?

Top 10 OSHA Citations in Medical Offices

OSHA recently fined a New York medical practice almost $45,000 for inadequate worker safeguards against blood-borne pathogen hazards. The citations included the lack of a written exposure control program outlining the protective measures used to eliminate or minimize workers’ exposure to blood and other potentially infectious materials, failing to provide employees properly fitted protective wear and training in its use, failing to offer the Hepatitis B vaccine to at-risk employees, allowing sharps containers to overfill and allowing employees to recap non-engineered contaminated needles.

Listed below are the most common violations for medical practices, many of which the New York practice was cited for, as indicated by asterisks.

1.      Failure to implement and maintain an exposure control under the Blood-borne Pathogen Standard (BBP);**

2.      Failure to train under the BBP Standard;**

3.      Failure to engineer out hazards/ensure hand washing under the BBP Standard;**

4.      Poor housekeeping under the BBP Standard;**

5.      Failure to implement and maintain a written a Hazard Communication Program;

6.      Failure to make the Hepatitis B vaccination available under the BBP Standard;**

7.      Failure to prepare exposure determinations under the BBP Standard;

8.      Failure use personal protective equipment under the BBP Standard;**

9.      Failure to provide post exposure Hepatitis B vaccinations under the BBP Standard; and

10.  Failure to train employees under the Hazard Communications Standard.**

To avoid potential areas of non-compliance, you should regularly audit your practice for safety and health hazards.  Employee training and periodic refresher training is also essential, especially regarding the Blood-borne Pathogen and Hazard Communication Standards.

(FHC website)

Top Hazards in OSHA Healthcare Inspections

OSHA Announces Key Hazards for Healthcare Inspections

Targeting some of the most common causes of workplace injury and illness in the healthcare industry, OSHA announced it is expanding its use of enforcement resources in hospitals and nursing homes to focus on: musculoskeletal disorders related to patient or resident handling; blood-borne pathogens; workplace violence; tuberculosis and slips, trips and falls.

U.S. hospitals recorded nearly 58,000 work-related injuries and illnesses in 2013, amounting to 6.4 work-related injuries and illnesses for every 100 full-time employees: almost twice as high as the overall rate for private industry.

“Workers who take care of us when we are sick or hurt should not be at such high risk for injuries — that simply is not right. Workers in hospitals, nursing homes and long-term care facilities have work injury and illness rates that are among the highest in the country, and virtually all of these injuries and illnesses are preventable,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “OSHA has provided employers with education, training and resource materials, and it’s time for hospitals and the healthcare industry to make the changes necessary to protect their workers.”

OSHA has advised its staff through a memorandum that all inspections of hospitals and nursing home facilities, including those prompted by complaints, referrals or severe injury reports, should include the review of potential hazards involving musculoskeletal disorders related to patient handling; blood-borne pathogens; workplace violence; tuberculosis; and slips, trips and falls.

“The most recent statistics tell us that almost half of all reported injuries in the healthcare industry were attributed to overexertion and related tasks. Nurses and nursing assistants each accounted for a substantial share of this total,” added Dr. Michaels. “There are feasible solutions for preventing these hazards and now is the time for employers to implement them.”

(DOL website)

Online Complaint Forms for OSHA Whistle-blowers

OSHA Whistle-blowers Can File Complaints Online

Whistle-blowers covered by one of 22 statutes administered by the U.S. Department of Labor's Occupational Safety and Health Administration are able to file complaints online. The online form provides workers who have been retaliated against an additional way to reach out for OSHA assistance online.

"The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers' most essential protections," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Whistle-blower laws protect not only workers, but also the public at large and now workers will have an additional avenue available to file a complaint with OSHA."

Workers can make complaints to OSHA by filing a written complaint or by calling the agency's 1-800-321-OSHA (6742) number or an OSHA regional or area office. Workers are also able to electronically submit a whistle-blower complaint to OSHA by visiting www.osha.gov/whistleblower/WBComplaint.html.

The online form prompts the worker to include basic whistle-blower complaint information so they can be easily contacted for follow-up. Complaints are automatically routed to the appropriate regional whistle-blower investigators. In addition, the complaint form can also be downloaded and submitted to the agency in hard-copy format by fax, mail or hand-delivery. The paper version is identical to the electronic version and requests the same information necessary to initiate a whistle-blower investigation.

OSHA enforces the whistle-blower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws. Detailed information on employee whistle-blower rights, including fact sheets and instructions on how to submit the form in hard-copy format, is available online at www.whistleblowers.gov.

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 working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

Are Beverages at Nurse's Stations Regulated by OSHA?

Beverages at your Nurse’s Station

We have had some questions asking whether it is against OSHA regulations to keep a covered beverage at a nurse's station.

OSHA does not have a general prohibition against the consumption of beverages at nursing stations. However, OSHA's bloodborne pathogens standard prohibits the consumption of food and drink in areas in which work involving exposure or potential exposure to blood or other potentially infectious material takes place, or where the potential for contamination of work surfaces exists [29 CFR 1910.1030(d)(2)(ix)]. Also, under 29 CFR 1910.141(g)(2), employees shall not be allowed to consume food or beverages in any area exposed to a toxic material. While you may want to have beverages at the nursing station that have a lid or cover, the container may also become contaminated, resulting in unsuspected contamination of the hands.

You must evaluate your workplace to determine in which locations food or beverages may potentially become contaminated and must prohibit your employees from eating or drinking in those areas. You may determine that a particular nurse's station or other location is separated from work areas subject to contamination and therefore is so situated that it is not reasonable under the circumstances to anticipate that occupational exposure through the contamination of food and beverages or their containers is likely. You may allow employees to consume food and beverages in that area, although no OSHA standard specifically requires that you permit this. OSHA standards set minimum safety and health requirements and do not prohibit you from adopting more stringent requirements.