OSHA Compliance

What is an OSHA PEL in Healthcare?

An OSHA PEL in healthcare is the Permissible Exposure Limit allowed by the Occupational Safety and Health Administration (OSHA) for hazardous substances found in healthcare environments. Most commonly, an OSHA PEL in healthcare will limit employee exposure to hazards such as:

  • Ethylene Oxide
  • Formaldehyde
  • Glutaraldehyde
  • Ionizing Radiation
  • Laboratory Chemicals
  • Antineoplastic Drugs

OSHA sets PELs to protect employees against the health effects of exposure to hazardous substances. Most OSHA PELs in healthcare apply limits to the amount or concentration of a hazardous substance an employee can be exposed to over a period of time.

Typically, an OSHA PEL in healthcare is based on a Time Weighted Average (TWA) for an eight-hour workday or a forty hour work week. Once the exposure limit has been reached, an employee must not be exposed to the hazard for the rest of the day/week.

For some PELs, OSHA also applies Short Term Exposure Limits (STELs) for a higher level of exposure to a hazardous substance than allowed by a TWA for a shorter period of time.  For example, the OSHA PEL for exposure to formaldehyde (OSHA §1910.1048(c)) states:

1910.1048(c)(1)

TWA: The employer shall assure that no employee is exposed to an airborne concentration of formaldehyde which exceeds 0.75 parts formaldehyde per million parts of air (0.75 ppm) as an 8-hour TWA.

1910.1048(c)(2)

STEL: The employer shall assure that no employee is exposed to an airborne concentration of formaldehyde which exceeds two parts formaldehyde per million parts of air (2 ppm) as a 15-minute STEL.

Potential Changes to OSHA Permissible Exposure Limits

The current list of OSHA PELs for hazardous substances and laboratory chemicals can be found in Annotated Tables Z-1, Z-2, and Z-3. The OSHA PEL for ionizing radiation can be found in OSHA §1910.1096. OSHA defers to NIOSH guidelines for occupational exposure to antineoplastic drugs due to the number of neoplastic drugs and the different levels of risk between unopened, intact tablets and capsules and injectable drugs – which usually require extensive preparation.

However, in the preamble to the Annotated Tables, OSHA acknowledges many of its PELs are out of date because they were adopted after the creation of the Administration in 1971 and have not been updated since. Although the current list is the list against which OSHA compliance is assessed, OSHA advises businesses to refer to Cal/OSHA’s more stringent PELs and NIOSH’s “Pocket Guide to Chemical Hazards” and apply the lowest permissible exposure limit.

The reason why there may be changes to OSHA’s PELs is that the Administration has been looking at ways to keep pace with changes to chemical structures and the hazards that exist because of the changes. Acknowledging that the one-chemical-at-a-time approach is not effective, OSHA has proposed adopting a method similar to the EU’s REACH program which moves the burden of developing PELs for hazardous substances from the government to the manufacturer.

How to Comply with an OSHA PEL in Healthcare

The purpose of an OSHA PEL in healthcare is to keep employees safe. If a highly trained employee develops an illness or health condition due to over-exposure to a hazardous substance, the highly trained employee will no longer be able to provide a service for an employer.

Therefore, it is advisable to conduct a risk assessment for all hazardous substances that employees may be exposed to and, where a risk of exposure exists, implement engineering controls, conduct regular air monitoring, and provide PPE and employee training to comply with the OSHA PEL.

Healthcare organizations can be fined – and have been fined – for violating OSHA permissible exposure limits in healthcare; although, over the past year, more healthcare organizations have been cited for failing to communicate hazards than exceeding permissible exposure limits.

If your organization has concerns it is failing to comply with an OSHA PEL in healthcare, or needs help organizing a training or hazard communication program, you should speak with an OSHA compliance expert or approach OSHA directly to see if you qualify for a free onsite consultation.

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OSHA Recordkeeping and Reporting Requirements Explained in Two Webinars

The Occupational Safety and Health Administration (OSHA) is hosting two webinars in February that explain the OSHA recordkeeping and reporting requirements. The first, this Wednesday, will explain the process for  submitting workplace injury and illness data through OSHA’s online Injury Tracking Application.

The second webinar, on February 28, will be an overview of the OSHA recordkeeping and reporting requirements that will include information about the most common recordkeeping and reporting mistakes made by employers and provide tips on how employers can effectively audit their recordkeeping program.

What Are the OSHA Recordkeeping and Reporting Requirements?

The OSHA recordkeeping and reporting requirements are covered in §1904 of the OSHA Standards. This standard requires all qualifying employers to maintain a log (Form 300) of serious work-related injuries and illnesses (as defined in §1904.4) and post a summary of the log (Form 300A) in a conspicuous place in the workplace by February 1 of the following year.

In addition, the information on the summary Form 300A must be submitted to OSHA. Since 2017, all qualifying employers under Federal OSHA have had to submit the information via OSHA’s Injury Tracking Application which allows information to be uploaded manually, via a CSV file, or via an API. The 2024 deadline for submitting data to OSHA is March 2, 2024.

Who is Required to Comply with the OSHA Requirements?

Since January 2024, all employers with 250 or more employees are required to maintain a log of serious workplace injuries and illnesses and submit a summary to OSHA each year. Employers with 20-249 employees in certain industries with traditionally high rates of workplace injuries and illnesses are subject to the same OSHA recordkeeping and reporting requirements.

However, all employers under OSHA jurisdiction of any size and of any activity must report workplace fatalities (within 8 hours) and any injuries that result in an in-patient hospitalization, an amputation, or the loss of an eye (within 24 hours). Employers that fail to comply with any of the OSHA recordkeeping and reporting requirements can be fined up to $16,131 per violation.

How the Webinars Should Help

According to OSHA, the administrative burden of complying with the annual reporting requirements should be less than one hour per year. However, many employers have reported that the process of calculating the required injury and illness incidence rates, transferring the data to Form 300A, and uploading the information via the Injury Tracking Application can take longer.

OSHA hopes to reduce the administrative burden by explaining in its webinars how best to use the Injury Tracking Application to upload 2023 data  and how to avoid the most common recordkeeping and reporting mistakes that can extend the time it takes to upload the data or require the data to be resubmitted.

OSHA Webinar Information

February 14, 9-10:15 a.m. EST: This presentation will explain the process for electronically submitting 2023 workplace injury and illness data through OSHA’s online Injury Tracking Application.

February 28, 9-10:15 a.m. EST: This presentation will be an overview of OSHA’s recordkeeping requirements and address common mistakes made by employers, incentive and disincentive programs, and tips on how an employer can effectively audit their recordkeeping program.

Employers interested in learning more about the OSHA recordkeeping and reporting requirements can register for both free webinars via this link.

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Coalition of Attorneys General Petition OSHA to Adopt Emergency Temporary Standard for Extreme Heat

The Occupational Safety and Health Administration (OSHA) has been petitioned by a coalition of 11 state attorneys general to implement an Emergency Temporary Standard to protect workers from excessive heat exposure on the job. The coalition is led by New York Attorney General Letitia James, who was joined by the state attorneys general from Arizona, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, New Jersey, Pennsylvania, and the District of Columbia.

The Centers for Disease Control and Prevention (CDC) has warned that extreme summer heat is becoming much more common, and climatologists predict that extreme heat events will increase in the coming years due to climate change. National Center for Health Statistics data shows that 1,700 people died from heat-related injuries in 2022 compared to 454 in 2000 and each year, 170,000 workers are made sick, injured, or killed due to exposure to excessive heat in the workplace.

Employers can’t change the weather but they can prevent injuries from extreme heat in the workplace. Some U.S. states have laws governing exposure or extreme heat in the workplace, and the Occupational Safety and Health Act of 1970 requires employers to provide a place of employment free from recognized hazards, but there is no federal law that specifically applies to extreme heat exposure. OHSA has uploaded information to its website on “Working in Outdoor and Indoor Heat Environments,” which educates employers and individuals about the dangers of working in hot environments, but the state attorneys general want OHSA to take action.

The state attorneys general wrote to Julie Su, Acting Secretary of Labor, and Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health at the United States Department of Labor calling for them to promulgate an emergency temporary standard for extreme heat beginning May 1, 2024, which should cover, at a minimum, farmworkers, and construction workers. OSHA has previously acknowledged that the enforcement of heat hazards under the General Duty Clause of the Occupational Safety and Health Act is difficult as there is no defined heat standard. It is therefore necessary for OSHA to prove on a case-by-case basis that a heat hazard existed in the workplace when the injury or fatality occurred. Employers have also not been provided with specific guidance on what constitutes a heat hazard under the Act. An emergency temporary standard would give OSHA stronger enforcement power and would provide employers with specific requirements and guidelines for protecting workers from extreme heat.

OSHA has been urged to issue an emergency temporary standard for occupational heat exposure that applies when the heat index reaches 80°F, after which point there are increased rates of serious heat-related illnesses. In an announcement about the petition, Attorney General James listed 5 cases of heat-related deaths in the workplace in the United States in the summer of 2023. The attorneys general are also calling for Congress to pass – and President Biden to sign – the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act, which directs OSHA to establish short- and long-term measures to protect workers from extreme heat. Asunción Valdivia, was a farmworker who died of heatstroke after picking grapes for 10 hours in extreme heat.

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What are the OSHA Regulations for Hospitals?

The OSHA regulations for hospitals consist of all applicable common workplace safety and health standards and any that apply to the nature of services provided by the hospital or its operations. For example:

Common Workplace Safety and Health Standards may include:

  • 1910.22 General Requirements
  • 1910.25 Stairways
  • 1910.35 Means of Egress
  • 1910.38 Emergency Action Plan

Specific Healthcare Safety and Health Standards may include:

  • 1910.1096 Ionization Radiation
  • 1910.1030 Bloodborne Pathogens
  • 1910 Subpart I Personal Protective Equipment
  • 1910 Subpart Z Toxic and Hazardous Substances

Healthcare Operations Safety and Health Standards may include:

  • 1910.95 Noise Exposure
  • 1910.303 General Electrical Requirements
  • 1910 Subpart J General Environmental Controls
  • 1910 Subpart O Machinery and Machine Guarding

In addition, the OSHA regulations for hospitals include all applicable administrative and recordkeeping standards promulgated by the Occupational Safety and Health Administration or state OSHA Plan.

Which OSHA Regulations for Hospital are Applicable?

The challenge of OSHA compliance for hospitals is working out which OSHA regulations are applicable. For example, there will be more threats to safety and health attributable to workplace violence in hospitals with ER departments than there will be in maternity hospitals.

With regards to healthcare operations, hospitals with inhouse laundry facilities will have to be more conscious of the OSHA regulations for hospitals relating to heat stress and machine guarding than hospitals that outsource laundry services or that only provide out-patient facilities.

How OSHA’s E-Tool for Healthcare can Help

To help determine which OSHA regulations for hospitals are applicable, the Administration has created an online e-tool that covers fourteen focus points of hospital activities. It is important to be aware that the hazards, requirements, and controls discussed in each module may not be the only hazards, requirements, or controls applicable to each focus point.

OSHA reminds employers and safety officers using the e-tool it is necessary to conduct a thorough worksite hazard analysis to determine the full range of hazards to which members of the workforce are exposed and the full range of controls to protect members of the workforce from those hazards. In this respect, the CDC’s “Pocket Guide to Chemical Hazards” can also be a valuable resource.

Complying with the OSHA General Duty Clause

The OSHA General Duty clause requires that, in addition to complying with hazard-specific standards, employers must provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence is a recognized hazard in the healthcare industry and as such, employers have the responsibility via the Act to abate the hazard.

Complying with the OSHA General Duty clause can also be a challenge for hospitals due to the issue of work-related Musculoskeletal Disorders (MSDs) caused by manually lifting, moving, and repositioning patients. MSDs are also covered by the OSHA General Duty clause, and OSHA has published guidance on preventing MSDs in the workplace to help avoid injuries of this type.

Complying with OSHA Recordkeeping Requirements

With the exception of partially exempt outpatient care centers, most healthcare organizations have to comply with OSHA recordkeeping requirements. These apply to all recordable work-related injuries and illnesses suffered by employed members of the workforce, and fatalities, amputations, hospitalizations, or eye loss injuries affecting any member of the workforce.

Some OSHA regulations for hospitals have special recordkeeping requirements. For example, when recording needlestick and sharps injuries (OSHA standard §1904.8), employers must not enter the employee’s name on the OSHA 300 log. There are also privacy requirements for other types of injury recordkeeping. These can be found in OSHA standard §1904.29(b)(6) through §1904.29(b)(9).

Complying with OSHA Training Requirements

The OSHA training requirements vary by standard. Some standards (i.e., the “Personal Protective Equipment” standard) require that employees are trained in how to use the equipment the first time it is provided for them. Other standards (i.e., the “Bloodborne Pathogens” standard) require annual training. Note: annual training on some standards may be required by other agencies. For example, annual emergency action plan training is a condition of participation in Medicare.

Like the HIPAA training requirements, all members of the workforce will require general safety and health training (i.e., cleaning up spills safely), while some members of the workforce will require further OSHA training specific to their roles (i.e., using ethylene oxide safely). Similarly, healthcare organizations need to train all members of the workforce on the meaning of hazard warning signs, but only some on permissible exposure limits for the hazards they are exposed to.

Penalties for Non-Compliance with the OSHA Regulations for Hospitals

Unlike HIPAA, in which penalties are most often issued for violations attributable to willful neglect, OSHA issues financial penalties when employers “should have known” about the OSHA compliance requirements. In the year to September 2023, OSHA issued financial penalties for non-compliance with the following OSHA regulations for hospitals:

  • The bloodborne pathogen standard
  • The hazard communication standard
  • The respiratory protection standard
  • The control of hazardous energy standard
  • OSHA’s form filling requirements
  • The formaldehyde standard
  • OSHA’s general requirements
  • The asbestos standard
  • The wiring methods, components, and equipment standard.
  • The exit route standard (maintenance, safeguards, and features)

The failure to train employees is a common factor in OSHA enforcement action. In 2013, the Atlanta Health Careers Institute in Georgia was fined $62,000 for violations of the bloodborne pathogen standard, with $60,000 of the total being attributable to the employer failing to train workforce members on the hazards and precautions.

Previously, the New York Hospital of Queens was fined $112,500 for violations of the formaldehyde standard – a large part of which was attributable to the failure of the hospital to provide employees with appropriate training – while in the last year, two hospitals have been fined for just the failure to provide training to members of the workforce.

Help to Comply with OSHA Healthcare Regulations

If you have a responsibility for safety and health in a hospital, and you are not sure about which regulations apply to your organization, you can get help from multiple sources. You can download our OSHA compliance checklist, seek advice from an OSHA compliance expert, or contact OSHA directly on 800-321-6742 (OSHA). In some circumstances, you may qualify for a free on-site OSHA consultation or a grant towards developing a workplace training program.

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The post What are the OSHA Regulations for Hospitals? appeared first on HIPAA Journal.

OSHA Forms Alliances with Organizations to Improve Workplace Safety and Health in Healthcare

The Occupational Safety and Health Administration (OSHA) has announced that five organizations and businesses nationwide have signed or renewed alliance agreements with OSHA to provide workers with access to accurate and up-to-date information on their legal and fundamental rights, and guidance and training resources on workplace safety and health. By forming alliances, these businesses and organizations can better focus on hazards in ways that are specific to their industries and workplaces. These organizations and businesses will work with OSHA on initiatives in Missouri, Kansas, North Carolina, Montana, and Nebraska.

The agreement between OSHA Billings Area Office and the Marsh McLennan Agency Northwest Region (MMA NWR) will provide around 10,000 MMA NWR clients and others with information, guidance, and access to training resources to help them protect the health and safety of workers in healthcare and other industries. The aim of the alliance is to develop effective training and education programs to reduce and prevent exposure to hazards specific to each industry and help ensure that employees understand the rights of workers and the responsibilities of employers under the Occupational Safety and Health (OSH) Act.

The agreement between the OSHA Region VII, Kansas City, Omaha, Saint Louis, Wichita Area Offices, and the National Association of Health Care Assistants (NAHCA) is focused on sharing information about workplace safety in Missouri, Nebraska, and Kansas. Employers and employees will be provided with information, guidance, and access to training resources that will help them protect workers by reducing and preventing exposure to safety and health hazards, and improve education about workers’ rights and employer responsibilities under the OSH Act.

The alliance will share information on OSHA’s National/Regional/Local initiatives, occupational safety and health laws and standards, information on the recognition and prevention of workplace hazards, and will promote safety and health best practices. Forums, roundtable discussions, or stakeholder meetings on safety and health hazards in the healthcare industry will be convened or participated in to help forge innovative solutions in the workplace or to provide input on safety and health issues. OSHA will provide technical support and health and safety information to help with the development of effective training and education programs for certified nursing assistants (CNAs) and their employers.

The other alliances are focused on promoting workers’ rights for Mexican Nationals in Missouri and Kansas, sharing information about safe excavation and trenching work in Missouri, and sharing safety best practices between OSHA and the Navy Fleet Readiness Center East in North Carolina.

“The most effective way to protect workers is for every employer to embrace safety and health as a core value in their workplaces,” said Doug Kalinowski, director of Cooperative and State Programs at OSHA. “These alliances from across the country and in various industries show that these employers have made worker safety and health a core value and are leaders in workplace safety.”

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How to Become OSHA Compliant

The summarized way to become OSHA compliant is to establish which OSHA standards apply to your business, conduct a risk assessment to identify threats to safety and health, and abate identified threats as necessary.

What is OSHA Compliance?

OSHA compliance is complying with all applicable workplace standards promulgated by the federal Occupational Safety and Health Administration or an OSHA-approved state plan to promote safe and healthy workplaces. Most businesses are required to comply with “General Industry” standards, but there are separate standards for the agriculture, maritime, and construction industries.

The OSHA standards for General Industry cover everything from safe working surfaces and workplace ventilation to exposure limits for hazardous substances and chemicals. There are also standards governing hazard communication, injury and illness recordkeeping, and workforce training. The failure to comply with any applicable safety, health, or administrative standard is a violation of OSHA.

What Happens if You Violate OSHA?

What happens if you violate OSHA depends on the nature of the violation and its outcome. OSHA has a four-tier penalty structure which, at the lowest level, allows inspectors to cite a business for an OSHA violation and give the business time to abate it. If the reason for the violation is not abated in the stated time – or the violation is more serious in nature – OSHA can impose financial penalties.

How to Become OSHA Compliant - HIPAAJournal.com

If a business willfully neglects to mitigate threats to safety and health to an acceptable level – and a member of the workforce suffers a fatal injury as a result – OSHA can refer the case to the Department of Justice to pursue a criminal conviction. If found guilty, negligent employers and safety managers can be fined up to $1 million and sentenced to up to twenty years in jail.

How to Become OSHA Compliant in More Detail

In the introduction, the way to become OSHA compliant was summarized in three stages. While this is an accurate explanation of how to become OSHA compliant, some businesses may require more details. OSHA recommends a seven step process for businesses in the “General Industry” category to become OSHA compliant which consists of:

Identify Standards that Apply to Most Businesses

These include standards relating to safe working surfaces, workplace ventilation, fire safety, exit routes, and hazard communication. Businesses should read these standards, conduct a risk assessment to ensure the standards are being complied with, and implement measures to correct violations and mitigate threats to workforce safety and health.

Identify Standards that Apply to Your Business

For business in the healthcare industry, standards to consider could include the bloodborne pathogens standard, the ionizing radiation standard, and the exposure to formaldehyde standard. It will also be necessary for businesses in the healthcare industry to familiarize themselves with OSHA’s permissible exposure limits for hazardous substances.

Survey the Workplace for Additional Hazards

All organizations have to comply with OSHA’s General Duty clause which requires employers to provide a work environment free from recognized hazards not otherwise covered by an OSHA standard. In the healthcare industry, this clause would cover activities such as safe patient handling, protection from infectious diseases, and preventing workplace violence.

Develop a Workplace Safety and Health Plan

Becoming OSHA compliant is one thing. Remaining OSHA compliant is another. Therefore businesses need to develop a workplace safety and health plan which schedules frequent inspections, includes a process for members of the workforce to report hazards to safety managers , and delegates the responsibilities for documenting and abating reported hazards.

Train Members of the Workforce

Some OSHA standards require members of the workforce to undergo OSHA training before being exposed to a hazard for the first time, while others require initial training AND annual refresher training – for example, the bloodborne pathogens standard. All workforce training should be documented and retained in the event of a subsequent OSHA inspection.

Recordkeeping, Reporting, and Posting

In addition to the documentation of hazard reports and workforce training, businesses are required to keep records of all workplace injuries and illnesses, submit injury and illness data to OSHA annually, report fatalities and severe injuries, and post copies of citations when issued. Note: some State-approved OSHA Plans have more stringent reporting requirements.

Ask for Compliance Assistance when Necessary

The final step in the process to become OSHA compliant is to ask for help if you need it. There are multiple resources on the Help pages of OSHA’s website and third party resources that can help businesses become OSHA compliant. Alternatively, you can call your local OSHA Office to see if your business qualifies for a free onsite consultation.

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Staten Island Health Center to Pay $195,000 to Terminated Whistleblower

A Staten Island health center must pay $195,000 in damages and back wages to an employee who was terminated after refusing an in-person meeting during the COVID-19 pandemic out of safety concerns. The incident occurred in March 2020 when cases of COVID-19 started soaring. A Community Health Center of Richmond employee was due to attend a regularly scheduled meeting and requested the meeting be held virtually rather than in person due to the risk of infection. The meeting was due to be held in a windowless room at the health center. The employee changed the format of the meeting to teleconference; however, when the CEO insisted that it must be held in person, the employee changed the format back to in-person and then didn’t attend.

The employee was suspended two days later for refusing to attend the meeting and other insubordination, and in April 2020, the employee was terminated without further explanation. In response, the employee filed a complaint with the Occupational Safety and Health Administration under the whistleblower protections of the Occupational Safety and Health Act, which guarantees workers the right to raise safety and health concerns to their employers without fear of retaliation. “Community Health Center of Richmond Inc.’s inexcusable actions have a chilling effect on other employees coming forward with concerns about health and safety hazards in their workplaces,” said OSHA Regional Administrator Richard Mendelson.

After litigation and mediation, the community health center agreed to pay the employee $195,000 in back wages and compensatory damages. The health center will also expunge the suspension and termination from the employee’s records, provide a neutral reference for the employee to prospective employers, inform employees of their rights under  Section 11(c) of the OSH Act, post a conspicuous notice informing employees that there will be no discrimination or retaliation against employees who raise safety and health concerns, and for the next three years, will provide annual training to employees on their Section 11(c) rights.

“The outcome of this case sends a clear and strong message to employers that the U.S. Department of Labor will investigate and pursue appropriate legal action when employers disregard or discourage their employees’ efforts to address legitimate health and safety concerns,” said Regional Solicitor Jeffrey S. Rogoff in New York.

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OSHA Increases Penalties for Workplace Health and Safety Violations

The Occupational Safety and Health Administration (OSHA) has increased the minimum and maximum civil monetary penalties (CMPs) for workplace safety violations, as required by the Federal Civil Penalties Inflation Adjustment Act.

To maintain the deterrent effect of CMPs and to promote compliance with the law, the Federal Civil Penalties Inflation Adjustment Act requires an annual adjustment of CMPs to account for inflation. Each year, the Office of Management and Budget (OMB) calculates an inflation multiplier, and all federal agencies are required to apply that multiplier to their CMP structures by January 15. For 2024, the OMB has calculated a multiplier of 1.03241 to reflect the cost-of-living increase over the past 12 months.

OSHA confirmed the cost-of-living increase in a final rule published in the Federal Register on January 11, 2023. The final rule is effective on January 15, 2024, and will apply to all citations issued by OSHA on or after January 16, 2024. The new penalty structure also applies to open inspections that commenced before January 16, 2024. The new CMP structure is detailed in the table below.

Type of Violation Penalty Minimum Penalty Maximum
Serious $1,190** per violation $16,131 per violation
Other-Than-Serious $0 per violation $16,131 per violation
Willful or Repeated $11,524* per violation $161,323 per violation
Posting Requirements $0 per violation $16,131 per violation
Failure to Abate N/A $16,131 per day unabated beyond the abatement date [generally limited to 30 days maximum]

* For a repeated other-than-serious violation that otherwise would have no initial penalty, a  Gravity Based Penalty (GBP) of $460 shall be proposed for the first repeated violation, $1,152 for the second repeated violation, and $2,304 for a third repetition.
**This amount reflects the actual minimum penalty with all penalty reductions which rectifies error in the previous years’ serious minimum penalty posted.

In several U.S. states, state agencies enforce the Occupational Safety and Health Act rather than OSHA, and penalties for workplace safety violations may differ in those states.

The post OSHA Increases Penalties for Workplace Health and Safety Violations appeared first on HIPAA Journal.

What Form Do You Use to Submit an OSHA Complaint?

The form you use to submit an OSHA complaint is known as OSHA 7, which can be completed and submitted online, or printed out and mailed, emailed, or faxed to OSHA.

  • What is Considered an OSHA Violation?
  • Why Complain to OSHA?
  • How Do You Submit an OSHA Complaint?
  • How Do You Complete OSHA Form 7?
  • What Happens after an OSHA Complaint is Submitted?
  • What Happens If My Employer Retaliates?

What is Considered an OSHA Violation?

An OSHA violation is considered to occur when an employer fails to comply with an applicable OSHA safety or health standard, or violates any other OSHA compliance standard. Consequently, it is not necessary for an accident to have occurred in the workplace, or for an employee to have sustained an injury or illness before it is possible to submit an OSHA complaint.

OSHA standard §1903.11 allows employees or representatives of employees to submit an OSHA complaint if it is believed that an employer has violated OSHA and if the OSHA violation – whether a willing or unknowing violation – threatens the safety or health of employees. Complaints to OSHA can be made online, in writing, by phone, or in person at an OSHA Area Office.

Why Complain to OSHA?

If there is a risk to safety or health in the workplace, it is not mandatory that a complaint is submitted to OSHA. Sometimes speaking with an employer or union representative will be enough for the risk to be removed or mitigated. However, there are occasions when concerns about safety or health in the workplace are not listened to by management or employers.

In such circumstances, OSHA has the authority to speak with an employer or conduct an on-site inspection to confirm the presence of a workplace safety or health issue and instruct the employer to resolve the issue. If the employer fails to resolve the issue within the allowed period of time, OSHA has the authority to issue a fine or refer the case for criminal prosecution.

How Do You Submit an OSHA Complaint?

You can submit an OSHA complaint via an online form (OSHA 7), which can be submitted through the OSHA website or printed out as a PDF and mailed, emailed, or faxed to OSHA. You can also discuss your concerns with an OSHA representative by phone or in person before making a complaint if you have any questions about the complaints process or whistleblower protections.

It is important to be aware that OSHA will not always conduct an onsite inspection if a complaint is made by phone or in person. In order for an onsite inspection to take place, at least one of the following eight criteria:

  1. A written, signed complaint by a current employee or employee representative with enough detail to enable OSHA to determine that a violation or danger likely exists that threatens physical harm or that an imminent danger exists
  2. An allegation that physical harm has occurred as a result of the hazard and that it still exists
  3. A report of an imminent danger
  4. A complaint about a company in an industry covered by one of OSHA’s local or national emphasis programs or a hazard targeted by one of these programs
  5. Inadequate response from an employer who has received information on the hazard through a phone/fax investigation
  6. A complaint against an employer with a past history of egregious, willful, or failure-to-abate OSHA citations within the past three years
  7. Referral from a whistleblower investigator
  8. Complaint at a facility scheduled for or already undergoing an OSHA inspection.

How Do You Complete OSHA Form 7?

You complete OSHA Form 7 by entering the name, physical address, and contact information for the business you are making a complaint about. You then have to indicate the type of business so OSHA can determine whether it meets #4 in the above list, and describe the nature of the hazard. It is also important to note the number of employees potentially affected by the hazard and whether the hazard has been brought to the attention of the employer or another government agency.

Thereafter, the form requests your contact details, whether you wish to have your name withheld from the employer, and whether you are complaining on your own behalf or as an employee’s representative. It is important to be as accurate and as truthful as possible when completing OSHA Form 7 because false statements and misrepresentations are violations of the OSH Act which carry a maximum penalty of $10,000 and/or six months imprisonment.

What Happens after an OSHA Complaint is Submitted?

What happens after an OSHA complaint is submitted is that the complaint is evaluated and prioritized. The process for evaluating and prioritizing complaints depends on the nature of the complaint (i.e., imminent danger) and the number of employees potentially at risk from the hazard. In most cases, the employer or management officer responsible for safety will be contacted by phone and asked to respond within five days with details of the corrective action taken.

If the response is adequate, no inspection will be scheduled and the complainant will receive a written explanation. If the response is not adequate, and the complaint meets at least one of the eight criteria listed above, OSHA will schedule an inspection according to an established prioritization system. In the event of an imminent danger threat in which an employer’s response is not adequate, OSHA has the authority to ask a federal court for an immediate cessation of activities.

What Happens If My Employer Retaliates?

When you submit an OSHA complaint, you are protected against retaliation or discrimination by your employer under OSHA standard §1977.3. If an employer does retaliate or discriminate against you, it is possible to submit a whistleblower complaint provided the following four criteria are met:

  • The employee engaged in an activity protected by the whistleblower protection law.
  • The employer knew or suspected the employee engaged in the protected activity.
  • The employer took an adverse action against the employee.
  • The employee’s protected activity motivated or contributed to the adverse action.

Similar to when you submit an OSHA complaint about a workplace hazard, whistleblower complaints can be made online using the OSHA Whistleblower Complaint Form, in writing (i.e., by mail or email) or orally (i.e., by phone or in person). However, whistleblower complaints cannot be anonymous and complaints have to be submitted within thirty days of the alleged retaliation or discrimination.

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