Violence in Public Health Organization Results in Deaths, OSHA Fines 

November 9, 2023

Vermont group faces fines

  • Serious workplace violations present in Groundworks Collaborative, an organization based in Vermont to support those neglected in getting their basic needs met, have resulted in organizational fines from the Vermont OSHA.
  • The employers of Groundworks Collaborative have neglected to impose safety regulations to protect employees from serious harm when working with clients. Witnesses say that employees were daily exposed to physical assaults and violence outside, and within, their offices and supposed “safe spaces.”
  • Vermont OSHA recommended several provisions, including secure bathrooms and lockable office areas. They also suggested instituting a screening process for clients and potential weaponry, security presence during working hours, and self-defense and de-escalation training.
  • Groundworks has begun the process of a workplace renaissance that provides a safer and hazard-free environment, according to Josh Davis, executive director at Groundworks.
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The Validity of OSHA Regulations as Justification for Receiving ERC is Settled by the IRS

  • In response to COVID-19, the IRS released the Employee Retention Credit (ERC) to help businesses affected by the virus get back on their feet. The ERC allows employers to claim that their business operation was affected negatively during this time and the IRS reviews and provides 50% credit of up to $10,000 in wages.
  • As employers apply for the ERC, many continue to claim that OSHA’s COVID-19 protocols were a mandated “order” that forced their business to partially or fully shut down, thus qualifying them for ERC. This raised a concern with the validity of such a claim and the IRS further researched to provide a concrete answer.
  • The IRS decided that OSHA’s standards were strongly encouraged suggestions, rather than a legal mandate or order. It was further decided that OSHA regulations do not qualify as a valid reason for business failure and employers making this claim cannot receive ERC.
  • Circumstantially, employers may use OSHA standards to support their ERC claim, but the IRS requires a concrete justification of how they specifically affected the business.
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Heat Protection for Workers is Debated in Florida 

  • The debate over establishing the first county-level workplace heat protections in the United States will occur this Tuesday among Miami-Dade County commissioners in Florida.
  • Currently, about 32 million people in the United States work outdoors. However, none of them are protected by any workplace heat safety regulations. This raises increasing concern as the climate crisis spikes temperatures and workers are at greater risk.
  • While OSHA has published guidelines on heat safety, they are voluntary and not enforceable. Only three states currently require companies to give workers breaks on hot days to cool down. California, Washington, and Oregon were the first states to do so, which has set a new expectation for workplaces where heat deaths are most common — the South.
  • The proposed rules in Miami-Dade would require construction and agriculture companies to enforce training in heat illness warning signs, as well as a mandatory 10-minute break every two hours under a cool, shaded area on hot days. These rules would be the strictest in the country and company failure to follow them would result in up to $2,000 in fines per violation.
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OSHA Violations and How to Prevent Them in the Future
  • As 2023 comes to a close, OSHA has compiled a list of the most common safety violations this year.
  • OSHA suggests that employers in 2024 enforce the use of guardrail systems, safety net systems or personal fall arrest systems when an employee does work on an unprotected edge or side above 6 feet off the ground.
  • Further, OSHA has stated that while AI has shown promise in its ability to reduce workers’ comp costs, reducing accidents and injuries with comprehensive safety programs is the best way to cut expenses.
  • In a statement regarding the 2023 violations list, National Safety Council president and CE, Lorraine Martin, states, “Although incredible advancements are made in safety each year, we continue to see many of the same types of violations appear on OSHA’s Top 10 list. As a safety community, we must come together to acknowledge these persistent trends and identify solutions to better protect workers.”
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