The OSH Act protects employee wellbeing and explicitly states their rights within their work environment to ensure they engage in safe practices while performing their duties. Medical clinics and hospitals must abide by these standards at all times; the lack of them can affect workers and patients.
Some businesses will find themselves violating OSHA standards which can catalyze subsequent events such as injuries and fatalities. These unfortunate events can trigger a visit from an OSHA compliance officer, who will then learn about the details of the situation and its cause. They will verify that the business owner must correct the issue.
But what can lead to an OSHA investigation? Here are six common triggers that can warrant a visit from an officer and how this can affect your environment.
Number One: Imminent Danger Situations
All hazards that present serious harm and threaten the wellbeing or life of an employee classify as dangerous situations. As such, they require immediate correction. For example, damaged wiring in large medical equipment can cause threatening shock injuries to workers and patients when operations hap[en.
If OSHA receives a report of a life-threatening hazard present within the workplace, the agency will dispatch a compliance officer to the location to investigate the hazard. The employer must correct the concern or remove their employees from the site until abatements are complete.
If an employer refuses to address the concern, OSHA will post a Notice of an Alleged Imminent Danger and enforce tactics to promote corrective actions. Tactics may include obtaining a court injunction to halt work operations.
Number Two: Serious Injuries and Fatalities
If an individual suffers a grave injury and requires hospitalization, the employer must report the incident in detail to OSHA within twenty-four hours. OSHA will then commence a formal investigation depending on the circumstances and nature of the event.
If a fatality occurs within the medical environment, the time frame diminishes to eight hours and will always initiate an investigation from a compliance officer. Once the officer confirms the fatality is work-related, they will issue citations on violations of OSHA standards.
It’s vital to note that serious injuries only include employees who require hospital admission. It doesn’t apply to emergency room visits.
Number Three: Employee Complaint
Under the OSH Act, employees in any industry have the legal right to file safety violation complaints in the workplace without fearing retaliation or consequences. The agency will maintain the reporter’s confidentiality and update the individual on actions taken in response to the complaint.
Often, once an employer is aware of a submitted complaint, they may try to discover the identity of said employee. However, it’s in the establishment's best interest to resolve safety and health concerns despite who filed the report.
If identified, the staff member responsible for submitting the claim has the right to expand their claims further to include retaliation. This action can cause OSHA to enforce its whistleblower law and expand its investigation to include additional violations.
Number Four: Anonymous Referrals
Referrals are similar to complaints in that they’re anonymously submitted reports addressing safety concerns in medical practice. However, there are notable differences between the two.
For example, a referral for an OSHA investigation can come from multiple sources other than current or former staff. This detail can apply to practices that allow public tours to investors and other individuals included in the medical workplace’s operation.
It’s essential to make sure you correct all safety and health concerns before these engagements since you never know who in the tour is capable of contacting OSHA if they notice serious hazards.
Other situations that can initiate an OSHA inspection include state and local health department visits, an employee’s personal doctor, and observing exterior safety violations by a compliance officer from the street during their personal time.
Number Five: Targeted Inspections
Programmed inspections—otherwise known as targeted inspections—are more straightforward. These planned OSHA visitations focus on high-hazard industries and occupations for specific hazards and site characteristics.
Site-Specific Targeting (SST) is a programmed inspection project that targets work environments with a significantly higher injury history when compared to other establishments. You’ll know whether your workplace is on the SST list if you receive a notification through official mail.
Fortunately, with the number of medical practices, clinics, and other workplaces in the country, it is improbable for your business to appear on this list.
On the other hand, when a compliance official appears to conduct an SST inspection, the individual in charge will be very observant and perform a detailed investigation, given the high employee injury rate. Expect the number and severity of violations cited in the final report to be higher than the usual OSHA investigation.
Number Six: Follow-Up Visits
Lastly, follow-up investigations aim to ensure that all workplace safety violations are no longer present after the initial visit.
If an employer fails to correct a cited violation, they’ll receive a Failure-To-Abate (FTA) offense that includes additional daily fines until the abatement occurs. These fines can reach up to $7,000 per day if left unresolved.
If the employer corrects a violation only to have it reoccur, the compliance officer can issue a Repeat violation citation that includes a fine of up to $125,000.
How To Reduce OSHA Enforcement Situations
The most effective way to reduce the likelihood of an OSHA investigation is to prevent severe injuries and fatalities. These unfortunate situations can empower employees to raise concerns to the Agency that can result in financial costs.
It’s vital to know the common triggers that can lead to an OSHA investigation. While remaining in compliance requires attention to detail and awareness, a faulty wire or improper handling of tools and chemicals during a medical procedure can significantly impact someone’s life.
Improper practices are areas of concern that warrant staff complaints and affect your practice’s day-to-day function. However, with Gamma Compliance Solutions, you can inform yourself and staff on proper and appropriate forms of safe conduct.
Within our catalog of educational material, we offer OSHA compliance training for a medical office that can further reinforce information for more ethical policies. Feel free to contact us for additional questions or inquiries.
