You can report a company to OSHA by phone, mail, email, fax, visiting an OSHA office, or via an online report form. Some channels of communication are more appropriate than others for reporting urgent issues, and these are the things you should consider before you report a company to OSHA:

• Are you reporting a violation of an OSHA standard?
• Have you evidence to support your report?
• Do you have all the detail you need to report a company to OSHA?
• Which is the most appropriate reporting method?

Reporting a Violation of an OSHA Standard

When you report a company to OSHA for violating a safety and health standard, your report will be dealt with quicker if you are able to indicate which specific standard(s) your report relates to. OSHA’s website provides a full list of Occupational Safety and Health Standards and the option exists to search the Standards by keyword.

If you are uncertain about which standards apply to your report, the website can also be searched by most reported topics (i.e., heat, PPE, hazard communication, etc.) or by most reported industry sector (i.e., agriculture, construction, healthcare, etc.). Alternatively, you can phone your nearest OSHA office and ask if you have a justifiable complaint.

Evidence to Support the Report

If you are reporting a company to OSHA for a violation of a safety and health standard, it is important you have evidence to support your report. Physical evidence such as photos and videos are ideal, and OSHA will also accept eyewitness accounts as evidence provided the contact details of the eyewitness are provided so the report can be corroborated.

The exception to this guidance is if you are reporting a company to OSHA using the online Whistleblower Complaint Form. OSHA advises against including witness names and contact details on the form because it will be shared with your employer. Eyewitness accounts will be requested if needed as the investigation into your report progresses.

The Details You Need to Report a Company to OSHA

OSHA operates a priority system for inspecting workplaces; and, if your report is about (for example) a lack of PPE, it will be prioritized if the lack of PPE represents an imminent danger in the workplace. Therefore, the more details you are able to provide, the more information OSHA has to make an informed decision about prioritizing your report.

Additionally, it is important you have the details required for OSHA to conduct an inspection – especially in an imminent danger situation. These include the name and location of the business at which the hazard exists, the name of the individual(s) responsible for safety and health, and as many contact numbers as you think are necessary to contact the individual(s).

Which is the Most Appropriate Reporting Method?

The most appropriate reporting method to report a company to OSHA in an imminent danger situation is the 24-hour phone hotline – 1-800-321-6742 (OSHA). Other reports can be made via any other channel of communication, but it is important to be aware that the online report form has a limited number of characters in some fields – making it difficult to report complex situations.

Consequently, OSHA receives many reports relating to a failure of OSHA compliance via mail, email, and fax. To help workers better structure reports via these channels of communication, OSHA has published a “Notice of Alleged Safety or Health Hazards” (PDF) – which can either be printed off and sent to OSHA or used as a template to report a company to OSHA.

How to Report a Company to OSHA: Conclusion

In conclusion, every worker has the right to a safe and healthful workplace, and each of us has a role to play in upholding this right. Reporting a company to OSHA is a serious matter and not something to be taken lightly, but it is a critical step in protecting workers’ safety and health. In taking the initiative to report potential violations, you are contributing to the larger OSHA mission of ensuring every worker goes home safe and healthy at the end of the day.

The post How Can You Report a Company to OSHA? appeared first on HIPAA Journal.

The U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) that revises the current Occupational Safety and Health Administration (OSHA) regulations concerning representatives of employees that can accompany the OSHA Compliance Safety and Health Officer (CSHO) during workplace inspections.

The proposed rule makes it clear that the representatives authorized by employees may be employees of the employer or a third party. If a non-employee(s) is chosen, the OSHA compliance officer will determine whether the third party is reasonably necessary to conduct an effective and thorough inspection. The current regulations provide two examples of third-party representatives that could be present during inspections – industrial hygienists and safety engineers. The proposed update makes it clear that third-party representatives need not be limited to these individuals.

The proposed change would permit union representatives and interest groups to be present during walkarounds, provided the CSHO conducting the inspections deems their presence to be reasonably necessary. In 2013, OSHA issued a letter of interpretation of the OSH Act – 29 C.F.R. § 1903.8(c) – that stated that union representatives could serve as employee representatives, but the guidance was withdrawn following a legal challenge in 2016. A federal judge determined that the DOL had circumvented its notice and comment rulemaking process by releasing an interpretation of the OSH Act as guidance. If the proposed change is signed into law, employers will be permitted to restrict non-employee access to certain parts of their facilities, such as if areas contain trade secrets.

“Third-party representatives may be reasonably necessary because they have skills, knowledge or experience that may help inform the compliance officer’s inspection,” wrote the DOL in its NPRM. “This information may include experience with particular hazards, workplace conditions or language skills that can improve communications between OSHA representatives and workers.” The DOL said employee representation is essential during physical inspections as it helps to ensure that OSHA obtains the necessary information about worksite conditions and hazards.

The proposed change adds 11 words to the current regulation (29 C.F.R. § 1903.8(c)), indicated in bold text below.

“The representative(s) authorized by employees may be an employee of the employer or a third party. When the representative(s) authorized by employees is not an employee of the employer, they may accompany the Compliance Safety and Health Officer during the inspection if, in the judgment of the Compliance Safety and Health Officer, good cause has been shown why their participation is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace (e.g., because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language skills).”

The DOL will be accepting comments on the NPRM until October 30, 2023.

The post DOL Issues NPRM Clarifying Third Parties Can Participate in Physical Workplace Inspections appeared first on HIPAA Journal.

The Occupational Safety and Health Administration (OSHA) is a federal agency within the U.S. Department of Labor that is responsible for the regulation and enforcement of workplace safety and health standards. Additionally, OSHA provides training and outreach to educate workers and employers on best safety and health practices. This article answers the questions what does OSHA do about:

• Developing Safety Standards
• Requiring Hazard Communications
• Recordkeeping and Reporting
• Training and Outreach
• Enforcing OSHA Standards
• Emergency Preparedness and Response
• Protecting Whistleblowers from Retaliation

What Does OSHA Do about Developing Safety Standards

When OSHA was first established in 1971, it was instructed to adopt standards for workplace safety and health within two years. Due to the tight timeframe, the agency started by adopting existing standards from sources such as the American National Standards Institute and the National Fire Protection Administration, and states that had existing safety and health programs.

Once a base of standards had been adopted, OSHA set about developing new standards – originally tackling well-known threats to workplace safety in populated industries such as construction (i.e., asbestos exposure), and then threats to workplace safety in less populated industries such as commercial diving and helicopter flying.

With regards to what does OSHA do about developing safety standards, the way the standards are developed and adopted is that the agency will publish a Notice of Provisional Rule Making (NPRM) and invite stakeholders to get in touch with their comments. An amended version of the NPRM is published as a Provisional Rule; and, subject to further feedback, the standard is published as a Final Rule.

The Requirements for Hazard Communication

OSHA’s Hazard Communication Standard is a regulatory requirement designed to ensure that information about the identities and hazards of chemicals in the workplace is accessible to workers. It is often referred to as the “right to know” law and was revised in 2012 to align with the Globally Harmonized System of Classification and Labelling of Chemicals.

According to OSHA’s requirements for hazard communication, employers must establish a written hazard communication program for the workplace. This program should include labels on containers of hazardous chemicals, safety data sheets (SDSs) provided by the chemical manufacturer, and training programs for employees who potentially face exposure to these chemicals.

Labels on hazardous chemicals are a key element of OSHA compliance. The labels must include signal words, pictograms, hazard statements, precautionary statements, and product identifiers. The purpose of the label is to communicate the primary hazards and precautionary measures quickly and effectively when handling substances recognized as a hazard to safety or health.

What are OSHA’s Recordkeeping and Reporting Requirements?

Under OSHA’s recordkeeping regulations, employers with workforces above a certain size (which varies according to industry) are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This includes any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.

In addition to the 300 Log, employers are required to maintain a 301 Incident Report for each recordable injury or illness, providing more detail on the specific incident. An annual summary of the 300 Log (Form 300A) must be completed annually and submitted electronically to OSHA. A paper version of the report must also be posted in a prominent location in the workplace.

With regards to reporting serious workplace injuries, the requirements are that employers (of all sizes and regardless of industry) report workplace fatalities to OSHA within eight hours of knowledge of the event. An accident that results in an inpatient admission, amputation, or the loss of an eye must be reported to OSHA within 24 hours of the accident occurring.

What Does OSHA Do about Training and Outreach

OSHA plays a significant role in promoting workplace safety and health through its extensive training and outreach programs. The agency’s commitment to training is based on the principle that workers equipped with the knowledge about their rights – and the hazards they might face in the workplace – are more likely to contribute to a safer work environment.

The OSHA Training Institute (OTI) and its Education Centers offer advanced courses for safety and health officers and OSHA staff. These centers provide specialized training on a range of topics from construction safety to machine guarding and can help in creating a range of professionals skilled in OSHA standards and their implementation so that can they share their knowledge with others.

In addition to the training and outreach programs, OSHA has a range of other training initiatives. One particularly important initiative is the Susan Harwood Training Grant Program – named in honor of a former director of the Office of Risk Assessment – which provides funding for nonprofit organizations to deliver training on workplace safety and health to members of their workforces.

Enforcement, Emergency Preparedness, and Protection for Whistleblowers

OSHA most often learns about potential non-compliance with its safety and health standards via mandatory accident reports, complaints from workers, and referrals from state and federal agencies. The agency prioritizes enforcement inspections depending on the nature of the non-compliance; and, if a violation is identified, OSHA has the authority to issue citations and fines.

As well as working with individual businesses to promote workplace safety and health, OSHA has an active role in the National Contingency Plan to help prepare for and respond to emergencies such as wildfires, extreme weather events, and other natural disasters. OSHA’s role includes coordination, support, and technical assistance to accelerate regional and national responses.

OSHA’s protection for whistleblowers also extends beyond its perceived role as a safety and health regulator. OSHA’s Whistleblower Protection Program enforces whistleblower provisions in more than 20 statutes – protecting employees who report violations in industries as diverse as health insurance, motor vehicle production, food safety, and environmental protection.

What does OSHA Do? Conclusion

OSHA does a lot more than many individuals give the agency credit for. As well as fulfilling its responsibilities to promote workplace safety and health (and penalize violators), the agency helps communities better prepare for adverse natural and environmental events, helps coordinate response efforts when these events occur, and protects whistleblowers from retaliation.

For most private sector businesses, OSHA is best known for conducting unannounced safety and health inspections; and, if you have concerns that your business may have gaps on its compliance efforts, you should review our OSHA compliance checklist. If gaps are confirmed, you should seek advice on how to fill them from your nearest OSHA office or a compliance expert.

The post What Does OSHA Do? appeared first on HIPAA Journal.

OSHA is necessary because the adoption and enforcement of safety and health standards has significantly reduced fatalities, injuries, and illnesses in the workplace. Additionally, OSHA’s Outreach Training programs have increased awareness of workplace hazards, how to recognize them, and how to avoid them.

• OSHA, established by the OSH Act, came into being in 1971 to address increasing workplace injuries, illnesses, and fatalities.
• Since the Administration was formed, OSHA has reportedly reduced workplace injuries and illnesses by 40% and fatalities by 60%.
• OSHA’s primary goal is to reduce human and economic costs associated with preventable workplace accidents and illnesses.
• OSHA’s initial standards were adopted from existing safety guidelines from organizations such as the National Fire Protection Administration.
• Compliance with OSHA standards was initially voluntary but was later amended to penalize repeat offenders and companies knowingly placing workers at risk.
• OSHA provides training, education, and assistance to employers, promoting safety and health-related activities among workers.
• In healthcare, OSHA’s standards help protect workers from exposure to infectious diseases, injuries due to patient handling, and workplace violence.
• States are allowed to implement their own OSHA programs as long as the safety and health standards meet or exceed federal standards.
• OSHA standards apply to all private sector employers and federal government agencies, except those regulated by other federal agencies, such as the Department of Energy.
• OSHA can impose financial penalties for non-compliance with any standard, regardless of whether it leads to an injury, illness, or fatality, stressing the importance of adhering to OSHA compliance obligations.

A Brief Guide to OSHA

Established by the Occupational Safety and Health Act (OSH Act) signed by President Nixon in December 1970, OSHA’s main goal is to reduce human and economic costs resulting from preventable workplace accidents and illnesses. OSHA’s initial standards were adopted from pre-existing safety norms issued by organizations like the National Fire Protection Administration and were later designed to address the known cause of health issues – such as exposure to asbestos.

At the outset, compliance with OSHA standards was voluntary, with inspections limited to severe accidents and known significant hazards. However, the enforcement policy later evolved to target habitual offenders and businesses knowingly putting workers at risk. OSHA not only sets the standards but also provides training, outreach, education, and assistance to employers while encouraging workers to participate in safety and health-related activities.

The standards established by OSHA apply to all private sector employers and all federal government agencies, barring those where workplace safety falls under another federal agency’s jurisdiction like the Department of Energy. Employees of state and local government agencies may not fall under federal OSHA standards, but they may be protected by regional OSHA programs in states with an approved OSHA program that meets or exceeds federal standards for safety and health.

Why is OSHA Necessary for the Healthcare Sector

In the healthcare sector, OSHA’s standards cover most injury and illness scenarios – from safe walking surfaces to exposure to radiation. Many OSHA safety and health standards align with those published by state and federal regulators (i.e., the Department of Health and Human Services), making it easier for healthcare providers to simultaneously comply with OSHA and CMS requirements in relation to subjects such as emergency preparedness planning and protecting staff against workplace violence.

However, there are also some areas of OSHA that can make OSHA compliance complicated for healthcare organizations. For example, OSHA only applies to employees, whereas many healthcare safety and health policies are applicable to all members of the workforce (including volunteers). Indeed, healthcare organizations aiming for Joint Commission accreditation not only have to develop health and safety policies for all members of the workforce but also for patients and visitors as well.

Therefore, while it is not impossible for healthcare providers to balance multiple compliance requirements, it can be a challenge. Healthcare providers finding the challenge difficult to overcome should seek professional advice from a compliance expert with knowledge of OSHA, the CMS requirements for Medicare providers, the Joint Commission accreditation requirements, and state laws – where applicable – that preempt federal legislation.

The post Why is OSHA Necessary? appeared first on HIPAA Journal.

OSHA is necessary because the adoption and enforcement of safety and health standards has significantly reduced fatalities, injuries, and illnesses in the workplace. Additionally, OSHA’s Outreach Training programs have increased awareness of workplace hazards, how to recognize them, and how to avoid them.

• OSHA, established by the OSH Act, came into being in 1971 to address increasing workplace injuries, illnesses, and fatalities.
• Since the Administration was formed, OSHA has reportedly reduced workplace injuries and illnesses by 40% and fatalities by 60%.
• OSHA’s primary goal is to reduce human and economic costs associated with preventable workplace accidents and illnesses.
• OSHA’s initial standards were adopted from existing safety guidelines from organizations such as the National Fire Protection Administration.
• Compliance with OSHA standards was initially voluntary but was later amended to penalize repeat offenders and companies knowingly placing workers at risk.
• OSHA provides training, education, and assistance to employers, promoting safety and health-related activities among workers.
• In healthcare, OSHA’s standards help protect workers from exposure to infectious diseases, injuries due to patient handling, and workplace violence.
• States are allowed to implement their own OSHA programs as long as the safety and health standards meet or exceed federal standards.
• OSHA standards apply to all private sector employers and federal government agencies, except those regulated by other federal agencies, such as the Department of Energy.
• OSHA can impose financial penalties for non-compliance with any standard, regardless of whether it leads to an injury, illness, or fatality, stressing the importance of adhering to OSHA compliance obligations.

A Brief Guide to OSHA

Established by the Occupational Safety and Health Act (OSH Act) signed by President Nixon in December 1970, OSHA’s main goal is to reduce human and economic costs resulting from preventable workplace accidents and illnesses. OSHA’s initial standards were adopted from pre-existing safety norms issued by organizations like the National Fire Protection Administration and were later designed to address the known cause of health issues – such as exposure to asbestos.

At the outset, compliance with OSHA standards was voluntary, with inspections limited to severe accidents and known significant hazards. However, the enforcement policy later evolved to target habitual offenders and businesses knowingly putting workers at risk. OSHA not only sets the standards but also provides training, outreach, education, and assistance to employers while encouraging workers to participate in safety and health-related activities.

The standards established by OSHA apply to all private sector employers and all federal government agencies, barring those where workplace safety falls under another federal agency’s jurisdiction like the Department of Energy. Employees of state and local government agencies may not fall under federal OSHA standards, but they may be protected by regional OSHA programs in states with an approved OSHA program that meets or exceeds federal standards for safety and health.

Why is OSHA Necessary for the Healthcare Sector

In the healthcare sector, OSHA’s standards cover most injury and illness scenarios – from safe walking surfaces to exposure to radiation. Many OSHA safety and health standards align with those published by state and federal regulators (i.e., the Department of Health and Human Services), making it easier for healthcare providers to simultaneously comply with OSHA and CMS requirements in relation to subjects such as emergency preparedness planning and protecting staff against workplace violence.

However, there are also some areas of OSHA that can make OSHA compliance complicated for healthcare organizations. For example, OSHA only applies to employees, whereas many healthcare safety and health policies are applicable to all members of the workforce (including volunteers). Indeed, healthcare organizations aiming for Joint Commission accreditation not only have to develop health and safety policies for all members of the workforce but also for patients and visitors as well.

Therefore, while it is not impossible for healthcare providers to balance multiple compliance requirements, it can be a challenge. Healthcare providers finding the challenge difficult to overcome should seek professional advice from a compliance expert with knowledge of OSHA, the CMS requirements for Medicare providers, the Joint Commission accreditation requirements, and state laws – where applicable – that preempt federal legislation.

The post Why is OSHA Necessary? appeared first on HIPAA Journal.

The OSHA annual summary should be posted in a conspicuous place (or places) where notices to employees are customarily posted no later than February 1 of the year following the year covered by the summary. This article explains what the OSHA annual summary is, who is required to post a summary, and what the summary should include.

• What is the OSHA Annual Summary?
• Who is Required to Post a Summary?
• What Should the Summary Include?
• Who Certifies the Summary is Accurate?
• How Long Must a Summary Remain Posted?
• Conclusion: Be Aware of the Posting Requirements

What is the OSHA Annual Summary?

The OSHA annual summary is a form (Form 300A or equivalent) that summarizes the recordable work-related injuries and illnesses that occurred during the previous calendar year. The summary has to be completed by all employers unless exempted due to the size of the business or the nature of activities. Note: Exemption from the posting requirements does not exempt an employer from reporting a workplace incident that results in a fatality or severe injury.

“Covered employers” – i.e., those required to post an OSHA annual summary – must not only post the form in a conspicuous place in the workplace but must also submit the data on the form to OSHA. Data can be submitted using an online web form, uploading a CSV file, or via an API. Details about how to submit annual summary data to OSHA can be found on the Injury Reporting and Injury Tracking Application web page.

Who is Required to Post a Summary?

Who is required to post a summary is currently being reconsidered by OSHA and may be revised by the end of 2023. However, at present, all businesses with more than ten employees that do not appear on the list of exempted businesses (florists, most schools, religious organizations, etc.) are required to submit Form 300A electronically and post an OSHA annual summary in the workplace.

The proposed rule changes are intended to allow OSHA to make better use of its resources. If finalized, all businesses with 19 or fewer employees will be exempted from the reporting requirements, as will businesses with between 20 and 249 employees if they do not appear on OSHA’s list of high-risk industries. Businesses with 250 or more employees will still be required to post OSHA annual summaries unless they appear on the exempted business list.

What Should the Summary Include?

The summary should include the total for each type of recordable work-related injury and illness taken from the OSHA Form 300 log. The totals must indicate:

• Total number of work-related fatalities.
• Cases that resulted in days away from work.
• Cases that resulted in job transfer or restriction.
• Number of other recordable cases.
• Total days away from work due to a work-related injury or illness.
• Total days in which a job transfer or restriction occurred.
• Total number of injuries in the year
• Total number of skin disorders.
• Total number of respiratory conditions.
• Total number of poisonings.
• Total number of hearing loss cases.
• Total number of all other recordable illnesses.

An injury or illness has to meet certain criteria before it is recordable. With regards to being work-related, the injury or illness must have occurred in a work environment (see table in 1904.5 for list of events not considered to be work-related), while the injury or illness must have resulted in death or at least one of – days away from work, restricted work, medical treatment beyond first aid, loss of consciousness, and/or a diagnosis by a licensed health care professional.

Who Certifies the Summary is Accurate?

Any authorized person can complete the OSHA annual summary; however, it must be certified as accurate by a company executive. According to OSHA §1904.32, a company executive is either the owner of the company (if a sole proprietor or partnership), an office of the corporation, the highest ranking company official working at the same workplace, or their immediate supervisor.

Once certified, Form 300A and all supporting Form 300 logs must be retained for a minimum of five years and must be made accessible to employees, former employees, and employees’ representatives on request. Note: It is not permitted to remove employee names or injury/illness details (for privacy reasons) from the Form 300 logs once Form 300A has been certified.

How Long Must a Summary Remain Posted?

The summary must remain posted from February 1 (at the latest) to April 30 (at the earliest). During that time, employers should inform members of the workforce that the summary has been posted, and ensure the summary is not altered, defaced, or covered by other notices. If the summary is altered or defaced in any way, it must be replaced with a copy of the form as soon as possible.

The failure to post or maintain an accurate annual summary is a violation of OSHA that could be reported and result in a citation or fine. It is important to be aware that the failure to post and maintain an OSHA annual summary would be classified as a de minimis violation (rather than a posting requirement violation), which would attract a higher fine if the violation is repeated.

Conclusion: Be Aware of the Posting Requirements

Preparing, submitting, and posting the OSHA annual summary is not complicated provided you are aware of whether you are required to comply with the posting requirements and what qualifies as a recordable work-related injury or illness. If you are in any doubt about the recordkeeping requirements and how they might impact your OSHA compliance efforts, you should seek advice from a compliance professional.

Footnote: In the year ended September 2022, 25 citations were issued against healthcare providers for not posting an OSHA annual summary. One provider was fined $18,325 for a repeated offense including a failure to abate penalty.

The post When Should the OSHA Annual Summary be Posted? appeared first on HIPAA Journal.

Incidents of workplace violence are on the rise and frontline workers do not feel safe at work, according to a recent survey commissioned by the security management company, Verkada. The survey was conducted on a nationally representative sample of 1,000 Americans who work on-location in critical sectors such as healthcare, hospitality, and retail that have regular contact with patients, customers, clients, or guests.

One in three workers said they have felt unsafe at work in the past year and 58% feel the threat of physical harm at work is increasing. 40% of respondents said they feel more concerned about their personal safety at work than they did a year ago.

69% of healthcare workers expressed concern about aggressive and erratic behavior by patients and 59% said they regularly worry about being physically assaulted at work. 54% of healthcare workers said they are likely to resign in the next 12 months if physical safety at work does not improve. The findings tie in with a recent National Nurses United survey where half of nurses reported an increase in workplace violence in the past year.

Employers were also surveyed, 76% of whom said they had experienced a security incident in the last year, with healthcare one of the worst industries with 4 out of 5 employers reporting a security incident in the past 12 months. 43% of employers said employee safety was a barrier to hiring and retaining workers, and 42% of healthcare employees said safety issues at work were contributing to the ongoing labor shortage. 46% of frontline workers said active shooter scenarios were one of the top concerns. Only one-third of respondents said they have received training on how to respond to these scenarios.

“Our research reveals a disconcerting picture for the frontline workforce driving our economy,” said Brandon Davito, senior VP of product and operations at Verkada. “Our nurses, teachers, cashiers and so many other workers who serve in critical roles interacting with the public are worried about their safety every time they show up to work. As employers, policymakers, and public safety leaders, we need to address these alarming trends and ensure that the safety of our people is the top priority.”

The post Frontline Healthcare Workers Increasingly Concerned About Workplace Violence appeared first on HIPAA Journal.

OSHA training is the training on safety and health that employers are required to provide for members of their workforces. Training requirements vary according to the nature of each business’s activities and the OSHA standards that apply. For example, in the healthcare industry, OSHA training will likely include some or all the following subjects:

• Emergency Action Plans
• Fire Prevention Plans
• Occupational Noise Exposure
• Hazardous Materials
• Personal Protective Equipment
• Bloodborne Pathogens
• Ionizing Radiation
• Hazard Communication
• Walking and Working Surfaces
• Safe Patient Handling

Similar to the HIPAA training requirements, it is necessary for training on some standards to be provided to all members of the workforce, and for training on other standards to be provided to just the members of the workforce exposed to certain hazards.

For example, all Medicare and Medicaid providers are required to comply with CMS’ Emergency Preparedness Requirement. To comply with the OSHA training requirements for emergency action plans qualifying providers should train employees on:

(1) The procedures for reporting a fire or other emergency.

(2) The procedures for emergency evacuation.

(3) The procedures to be followed by employees who remain to maintain critical activities.

(4) Procedures to account for all employees after evacuation.

(5) Procedures to be followed by employees performing rescue or medical duties.

(6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.

Conversely, only members of the workforce who conduct or assist with X-rays, CT scans, CAT scans, PET scans, and procedures involving fluoroscopy – or who use ionizing radiation to sterilize medical equipment – will likely require training on the ionizing radiation standard (1910.1096).

What is the Required Frequency of OSHA Training?

When training is required by an OSHA standard, it is most often the case that training is required prior to a member of the workforce performing a role in which they are exposed to a hazard, with refresher training provided at the employer’s discretion.

However, some standards require more frequent training. For example, the bloodborne pathogens standard (1910.1030) requires employees to receive training “At the time of initial assignment to tasks where occupational exposure may take place and at least annually thereafter.”

Additionally, state OSHA plans and other regulatory authorities may require more frequent training. For example, CMS requires members of the workforce to receive emergency preparedness training every two years – or annually if the healthcare facility provides long-term care.

What is OSHA 10 and 30-Hour Training?

OSHA 10 and 30-hour training – also known as Outreach Training – are two types of training programs offered by OSHA-authorized training organizations. The 10-hour training program is intended for “entry level workers” and includes the basics of hazard recognition and avoidance, workers’ rights, employers’ responsibilities, and how to file a complaint.

The 30-hour training program is more advanced and intended for workers with responsibility for safety and health in the workplace. The program has more depth and variety than the 10-hour program; and, although not standard-specific, is recommended for anybody that will ultimately be responsible for providing OSHA training to colleagues.

Although participation in either Outreach Training Program is voluntary, some states have passed legislation requiring workers in the construction industry to have a 10-hour or 30-hour construction “card” (certificate of completion) before being employed by a construction project. In several cases, the card has to be renewed by retaking training every five years.

Conclusion: Make Sure You Know the OSHA Training Requirements

If a safety or health hazard exists in your workplace, it is likely there is an OSHA standard on how to mitigate the risk of an injury or illness from the hazard. There is also likely to be an OSHA training requirement in the standard. Therefore, it is important that employers are not only aware of the standard but also of the training requirement.

If you are unsure about which standards applicable to your business have an OSHA training requirement, or you need help with the provision of training, OSHA provides multiple sources of information on its website and also offers a free and confidential on-site consultation program for small and medium-sized businesses.

Alternatively, you can find out more about OSHA compliance for the healthcare industry in our OSHA compliance checklist or seek independent advice from a compliance expert. Businesses can be issued with citations and fines for failing to provide safety and health training to employees when required, so it is important you know the OSHA training requirements – and comply with them.

The post What is OSHA Training? appeared first on HIPAA Journal.

A Peoria, AZ-based dentist has been ordered to pay $20,000 in back wages to an employee who was terminated for making allegations of unsafe work practices at the practice.

The Occupational Safety and Health Act (OSH Act) has whistleblower provisions that protect employees from retaliation after raising concerns about workplace health and safety issues and reporting injuries sustained in the workplace.  Employers are not permitted to take unfavorable employment actions against employees, such as demoting, denying overtime or promotion, disciplining, intimidating, making threats, or firing employees that raise safety concerns with their employers or report safety and health complaints to the Occupational Safety and Health Administration (OSHA).

In March 2020, a dental assistant at the practice of Dr. Monzer K. Al-Dadah LLC and Dr. Al-Dadah filed a complaint with OSHA about unsafe working practices related to COVID-19. The employee complained about the risk of contracting COVID-19 and refused a work assignment due to fears of contracting COVID-19. The worker also discussed workplace safety issues with coworkers. Dr. Al-Dadah made attempts to identify the individual who submitted the complaint, then terminated the dental assistant, who had worked at the practice for more than 20 years. The dental assistant then filed a complaint with OSHA about the termination and an investigation was launched.

OSHA determined that the dental assistant’s employer had violated the whistleblower protections of the OSH Act and a lawsuit was filed in April 2022. The Department of Labor has now obtained a judgment in federal court requiring back wages to be paid to the employee due to the unlawful termination. “Employees must be able to exercise their legal rights regarding workplace safety freely and without fear of retaliation by their employer,” said OSHA Assistant Regional Administrator Denise Keller in Chicago. “The outcome in this case reflects the Department of Labor’s commitment to protect workers’ rights.”

The post Dentist Ordered to Pay $20,000 After Terminating Whistleblower for Raising Health and Safety Concerns appeared first on HIPAA Journal.