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OSHA and the Bloodborne Pathogen Standard
OSHA's Bloodborne Pathogen Standard was created to protect workers occupationally exposed to blood or other potentially infectious materials (OPIM). This means any employee that might come into contact with infectious materials as a result of their job. Employers obligations are defined in the standard and the key components are highlighted in OSHA's Fact Sheet. We wanted to take this a step further and break down each bulleted point in more detail. Establish an exposure control plan. This is a written plan to eliminate or minimize occupational exposures.The employer must prepare an exposure determination that contains a list of job classifications in...
OSHA Updates Enforcement Guidance for Recording COVID-19 (Coronavirus)
OSHA issued updated interim guidance to their inspectors for enforcing the requirements of 29 CFR 1904 with respect to the recording of occupational exposure to COVID-19. These new guidelines will be enforced as of May 26, 2020 and remain in effect until further notice. Employers should be taking action to determine whether employee COVID-19 illnesses are work-related and deemed recordable. Given the nature of the disease and ubiquity of community spread, it can be difficult to determine whether a COVID-19 illness is work-related, especially when an employee has potential exposure both in and out of the workplace. In light of these considerations, OSHA is exercising its...
OSHA Considers Employer’s Good Faith Efforts When Enforcing Compliance During Coronavirus Pandemic
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance to advise compliance safety and health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic. Current infection control practices may limit the availability of employees, consultants or contractors who normally provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services. Business closures and other restrictions may also preclude employee participation in training if trainers are unavailable and access to medical testing facilities may be limited or suspended. During an inspection, compliance safety and...
OSHA Fines up in 2020. Penalties Have Almost Doubled Since 2015
Earlier this week the Occupational Safety and Health Administration (OSHA) increased it's fines for non-compliance starting on January 15, 2020. This latest increase now raises the maximum penalty for violations considered serious, other-than-serious and posting violations to $13,494 per incident. Willful violations or violations in which the employer intentionally failed to follow an OSHA standard or showed a lack of concern regarding employee safety, now have a minimum fine of $9,639 with the maximum capped at $134,937. OSHA fines have soared since congress passed the Federal Civil Penalties Inflation Adjustment and Improvements Act in November of 2015. Maximum fines in 2015 were limited to $7,000 per incident, fast-forward...
Dental Office Pays a $10,000 Penalty for Improper Disclosure of PHI on Yelp.
In October, Health and Human Services (HHS) released a press statement that a Dallas based dental office had agreed to a settlement of $10,000 for improperly disclosing patient protected health information (PHI) on a social media platform known for online reviews. HHS's Office of Civil Rights received a complaint in June 2016 from a patient alleging that Elite Dental Associates had disclosed the patient's last name and details of their condition. The Office for Civil Rights (OCR) is an organization that operates within HHS and has the responsibility of enforcing the Privacy and Security Rules. During their investigation they confirmed that the dental...