By Brent I. Clark and Craig B. Simonsen

shutterstock_65596348OSHA announced on December 1, 2015, that it had issued a number of “strategies and tools” for preventing workplace violence in the healthcare setting.

The strategies and tools were contained in a new webpage, “Preventing Workplace Violence in Healthcare.” The Agency indicates that the new webpage is part of OSHA’s
Continue Reading OSHA Issues “Strategies and Tools” to “Help Prevent” Workplace Violence in the Healthcare Setting

By Mark A. Lies, II and Craig B. Simonsen

shutterstock_171692768Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.

In one case, decided by the United States Court of Appeals
Continue Reading Workplace Violence – Putting Employers on the Horns of a Dilemma

By Mark A. Lies, II and Craig B. Simonsen

shutterstock_171692768An Occupational Safety and Health Review Commission Administrative Law Judge has determined that a healthcare provider company did not protect a social service coordinator, who was fatally stabbed outside her client’s home in December 2012.

According to the OSHA news release, the healthcare client had severe mental illness and a
Continue Reading Judge Affirms OSHA Citation in Death of Healthcare Worker Killed by Mentally Ill Client

By James L. Curtis and Craig B. Simonsen

shutterstock_58920859OSHA has released an “Inspection Guidance for Inpatient Healthcare Settings,” that will focus its inspectors attention to musculoskeletal disorders, workplace violence, bloodborne pathogens, tuberculosis, and slips, trips, and falls.

The Guidance focuses on hazards that were included in OSHA’s recently-concluded National Emphasis Program on Nursing and Residential Care Facilities, CPL
Continue Reading Healthcare Employers to Get Even More Attention from OSHA

By Brent I. Clark, James L. Curtis, Mark A. Lies, Meagan Newman, and Craig B. Simonsen

shutterstock_65596348In its announcement last week, OSHA noted that the Bureau of Labor Statistics reported for 2013 that over 23,000 significant injuries were due to violent assault at work, with more than seventy percent (70%) of these assaults being in the healthcare
Continue Reading OSHA Updates Workplace Violence Guidance for Protecting Healthcare and Social Service Workers

By Brent I. ClarkMark A. Lies, II, and Meagan Newman

shutterstock_171692768A draft proposed regulation from the California Division of Occupational Safety and Health (Cal/OSHA) would require health-care employers, home health and hospice providers and emergency responders to develop workplace violence-prevention plans, train their employees and keep records related to workplace violence incidents.

The draft also calls on
Continue Reading CA Proposes New Workplace Violence Regulations for Health Care Employers, Home Health Providers and Emergency Responders

By James L. Curtis and Craig B. Simonsen

The teenage summer job working at the local store is a rite of passage in most communities. Almost everyone has held a summer job at some point in their life.  However, given the disturbing rise in workplace violence, teenagers can be swept up in hostile situations and end up facing down angry,
Continue Reading OSHA Administrator Blogs on Retail Industry’s Need for Workplace Violence Training and Protections

By James L. Curtis, Meagan Newman, and Kerry Mohan

“When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the
Continue Reading DC Circuit Denies Review of OSHA Citation Against SeaWorld: What Does this Mean for the Circus, Football…or Healthcare Providers?

By Brent I. Clark, Meagan Newman, and Ilana R. Morady

This week we are attending the ABA Occupational Safety and Health Law Meeting in Tucson, Arizona.  The Agency, the Review Commission, and the Solicitor’s Office all have numerous representatives here.  This morning, Tom Galassi, OSHA’s Directorate of Enforcement Programs (DEP) spoke about key issues in enforcement.  Some of the
Continue Reading Straight from OSHA’s Mouth: Live from the ABA Occupational Safety and Health Law Meeting

By Brent I. Clark, Meagan Newman, and Anne D. Harris

On January 15, 2014, the Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new online resource dedicated to worker safety in hospitals.

The new website contains educational materials relating to prevention of employee injuries, workplace safety assessments, safe patient handling programs, and safety and health management
Continue Reading OSHA Launches Online Resource for Hospitals