OSHA Violation Cases in Healthcare

November 10, 2023

Failure to properly train workers leads to OSHA fines in healthcare

  • OSHA issued 626 citations for OSHA violation cases in healthcare in September, according to the agency’s latest results.
  • Federal OSHA  issued 45,950 citations nationwide in the year to September 2023.
  • However, the number of citations for violations of this nature was almost four times the number of inspections, indicating the citations are coded for BBP violations when multiple (other) violations are found.
  • The failure to train employees is a common factor in OSHA violation cases in healthcare with regard to bloodborne pathogens.
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IRS releases memo on OSHA

  • The IRS has issued an opinion about whether an employer can rely on communications from OSHA to determine whether they qualify as an “eligible employer” for purposes of the Employee Retention Credit.”.
  • The IRS found that OSHA communications do not command or mandate any employer to take any specific action, leaving it outside the ordinary meaning of the term “orders.”
  • The IRS said that OSHA provided recommendations throughout 2020 and 2021 on how employers could make their workplaces safer for employees and how to comply with pre-existing standards.”
  • However, neither the CARES Act nor a section of the tax code mentions recommendations, guidelines, or other informal standards.
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Illinois releases report on laborer’s death

  • Illinois OSHA opened an inspection to investigate the death of a 60-year-old male laborer who was struck and crushed by the refuse truck he was assigned to while collecting garbage in an alley.
  • The agency found the truck driver did not receive “required” training on hand signals and the victim and driver did not maintain visual contact during vehicle movement.
  • To help prevent similar occurrences, Illinois OSHA recommended that employees be provided with employer-required training for safe operations before being assigned to an operational crew.
  • The agency also recommended initial and refresher training on safe operations policies, supervising crews, and implementing corrective action when policies are violated.
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Roofer cited fourth time in 18 months

  • A roofing contractor in Jacksonville, Florida, was cited to the tune of $72,683 by OSHA after being cited for job-safety violations for the fourth time in 18 months.
  • After inspecting a work site at a home on Heidi Road in Arlington, OSHA cited the company for safety violations, labeling one “willful” because the agency said employees were allowed to work on 10-foot-high roofs without fall protection that could prevent injuries.
  • Ladder rails didn’t extend as much as needed to protect employees, the agency says.
  • The company had been proposed a total of about $47,000 in penalties after the earlier inspections, but was able to get them reduced to $32,000.
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