OSHA Fines N.J. ASC for "Serious" Sharps Safety Violations

The Occupational Safety and Health Administration has cited Health East Ambulatory Surgical Center in Englewood, N.J., and fined the facility $68,000 for failing to protect an employee from exposure to bloodborne pathogen hazards.

According to an OSHA spokeswoman, the surgery center's leadership did not do enough to prevent a needlestick from occurring during a procedure, including committing the following infractions:

• not having a method to determine how the needlestick occurred, which could hinder preventing its recurrence;
• not having a written procedure in the exposure control plan that includes researching, considering or implementing any new safety devices aimed at preventing needlesticks;
• failing to solicit input from non-managerial employees responsible for direct patient care in the identification, evaluation and selection of needles or other devices that could help prevent exposure to blood;
• failing to determine which of its employees could be exposed to blood or other potentially infectious materials;
• not testing the injured staff member's blood as soon as feasible after the needlestick occurred;
• failing to make post-exposure prophylaxis (HIV-fighting meds) available in a timely manner to the injured employee;
• not counseling the injured employee following the incident;
• not providing the injured employee with a healthcare professional's written evaluation of the needlestick, regarding medical conditions potentially resulting from the stick;
• not providing a copy of OSHA's bloodborne pathogen standard to the injured employee's healthcare provider;
• failing to provide a description of the exposed employee's duties as they related to the needlestick incident;
• not providing documentation of the routes of exposure and circumstances under which the exposure occurred to the employee's healthcare provider; and
• failing to provide the results of the injured employee's blood test results to the employee's healthcare provider.

OSHA deemed the violations "serious," which it says indicates there was substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"If an employee is stuck with a needle, they must be afforded appropriate follow-up medical care to minimize any potential effect," says Lisa Levy, director of OSHA's office in Hasbrouck Heights, N.J. "All medical facilities have a duty to provide a safe and healthful workplace for their employees."

The surgery center has 15 business days from being notified of the citations to pay the fine, request an informal conference with Ms. Levy or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

A spokesman for the surgery center says the facility has a meeting with OSHA scheduled for next week to dispute all allegations.

Daniel Cook