While the pandemic raged in FY 2021, enforcement efforts of the Occupational Health and Safety Administration (OSHA) fines and violations within healthcare totaled nearly $3.7 million.
2,786 Inspections Result in $3,684,769 OSHA Fines and Violations
Skilled Nursing Care facilities had the highest rate of OSHA violations, with almost one in four inspections (24.3 percent), leading to at least one citation. There were nearly three violations per incident and nearly $1.2 million in penalties assessed to these facilities.
Dentists fared better in some respects, with 12.7 percent of inspections resulting in at least one violation. An average of 4.3 citations were issued at the 12 locations with violations. Dental offices received at least $60,000 in penalties for OSHA compliance failures during FY 2021.
Physicians’ offices averaged over three violations at each of the 13 locations cited during 198 inspections. They received fines totaling $72,471. A chart of OSHA compliance violations by industry classification is below.
OSHA Fines and Violations Targeted COVID-19 for Citations
OSHA announced several high-profile COVID-19 violations and fines during 2021, including:
- June 2021 – Following the death of two employees, OSHA proposed $27,306 in penalties against Oaks Integrated Care, Inc. of Mount Holly, NJ, for failure to implement a required coronavirus prevention program at two of its locations.
- June 2021 – OSHA investigators cited the owner of four Rhode Island medical facilities for willfully exposing employees to COVID-19. The proposed fine was $136,532.
- August 2021 – OSHA issued two Willful COVID-19 citations against CHEMED with proposed penalties of $273,064 under the OSHA Respiratory Protection Standard.
OSHA has issued more than three million dollars in fines related to COVID-19 violations across all industries.
OSHA Fines and Violations Uncovered Workplace Violence in Healthcare
A pair of OSHA cases involving workplace violence in healthcare settings made news during the past year, one of which originated in 2017.
Montefiore Medical Center in the Bronx, NY, is facing more than $17,000 in fines for failure to provide adequate safeguards for employees in the pediatric department of its Children’s Hospital.
OSHA found that employees, including nurses, assistants, technicians, and security personnel, were exposed to workplace violence. In some cases, physical assaults from violent patients occurred during one-on-one patient observations, while restraining patients during assaults and attempted escapes, and while performing holds on or controlling patients. The violent incidents resulted in worker injuries, including broken bones, bites, and neck, back, and shoulder injuries.
A federal administrative law judge ruled on an OSHA workplace safety citation at a Bradenton, FL, behavioral health center that stemmed from a 2017 investigation.
The judge found hospital management company UHS of Delaware and Premier Behavioral Health Solutions of Florida exposed workers to workplace violence and showed bad faith in allowing the destruction of videos that showed instances of workplace violence at the facility.
Investigators found at least 55 instances of patients attacking staff between January 2016 and July 2018. OSHA had proposed fines totaling $71,137, and the judge assessed a penalty of $12,934 and ordered payment of $9,600 in attorney’s fees.