Heal Thyself

Workplace violence in healthcare affects everyone

There’s no way around it. This is a very weighty topic, and one that at one time or another is — or should be–on everyone’s mind. At one time or other, we all need to go to a hospital. We expect it to be a safe haven and a place of healing. The problem is that people from all walks of life need or access health care facilities. Some of those people have mental health issues or are simply violent, leaving hospital employees and the public at serious risk. Do you work for or run a health care facility? What can you do to ensure that you, your employees, co-workers and patients are safe? What must you do?

 

OSH-Administration says the OSH-Act applies to workplace violence as well as dangerous jobs, chemicals and the like. In the last few years, OSHA (both the Act and the Administration) have become more relevant and will probably continue to do so. Let’s take a closer look then, shall we?

Recently, OSHA cited the operators of Suncoast Behavioral Health Center in Brandenton, Florida for failing to protect its employees from violence at work. They face a total of $71,137 in proposed penalties. Specifically, OSHA responded to complaints of lack of preventive measures against verbal and physical threats of assault, including kicks, punches, and bites, and from using objects as weapons by patients. OSHA in 2016 cited another facility run by the same operators for failure to have an adequate workplace violence prevention program.

Similarly, in February, 2018, OSHA cited Pioneer Health Care Center in Rocky Ford, Colorado for inadequate workplace violence prevention measures. OSHA also identified five undocumented incidents of workplace violence in 2017 resulting in employee injuries as well as other unreported incidents. As of February, Pioneer was facing approximately $9,000 in proposed penalties.

These are by no means the only such incidents where OSHA got involved. They’re just two from this year alone. However, it’s not only the OSH-Administration that is responding to the increasingly alarming issue. Congress has introduced the Healthcare Workplace Violence Prevention Act, which would direct OSHA to create a standard that would require health care facilities to develop and implement facility and unit-specific workplace violence prevention plans. Such plans would include input from doctors, nurses and custodial workers (who would have thought of getting input from the people most at risk?). 

The bill emphasizes prevention, training and worker participation (again, what a radical idea– oh sorry, I’ll tone down the snark) and includes threats of violence in its definition of workplace violence. Facilities would be required to assess and correct environmental and patient-specific risk factors as well as staffing and security issues. No, this bill is not law, at least not yet. Even if it doesn’t pass though, there’s a good chance there will be a similar federal law at some point.

In the meantime, California already passed a similar law in 2014, known as SB 1299. Now, with new implementing regulations, as of April 1, any healthcare employer that does not have a workplace violence prevention plan in place is in violation of the law and faces significant penalties.

If you are a healthcare employer, the penalty amounts I mentioned may not seem like much to you. Let me remind you that those amounts do not include the time and other resources you will devote to responding to any OSHA complaints or investigations. Then there are lawsuits that may follow, and the legal fees you will pay to defend or respond to both.

What if you are not in health care? Does anything here apply to you? At the very least, you would certainly want to see that health care facilities are safe. Remember, you may need to use one at some point. What if one of your employees gets sick or sustains a job-related injury and needs to use a hospital?

Aside from that, you don’t need me to remind you that while the health care industry is particularly vulnerable when it comes to workplace violence, unfortunately all employers are at risk. Every time we hear about shootings, it’s usually at someone’s workplace. I’m sorry to point out that these occurrences are, if anything, increasing.

Now, I don’t like writing about a problem without at least providing some practical suggestions, so I’m going to try to do that now. Admittedly, they are more geared toward health care employers, but other employers might be able to modify them. Here are some:
 

I am in no way suggesting that these steps alone will be enough, but taking them should at least get you headed in the right direction.

Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.

This article originally appeared here.