OSHA Updates Penalties for Violations Relating to COVID-19

The Department of Labor’s Occupational Safety and Health Administration (OSHA) has reissued its announcement of citations for non-compliance related to COVID-19. OSHA reportedly has issued citations arising from 295 violations since the start of the Coronavirus pandemic through December 24, 2020. These citations, all related to COVID-19, have resulted in proposed penalties totaling $3,849,222. In the week of December 18 to December 24, 2020, OSHA issued citations totaling $152,101 during 17 inspections related to the Coronavirus pandemic.

The violations cited during OSHA inspections include failures to:

Implement a written respiratory protection program
Provide a medical evaluation, respirator fit test, training on the proper use of respirator and personal protective equipment (PPE)
Report an injury, illness, or fatality
Record an injury or illness on OSHA recordkeeping forms
Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970

The following are the links to the regulations for these primary failures:

OSHA provides more information about individual citations at its Establishment Search website which it periodically updates: https://www.osha.gov/pls/imis/establishment.html.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards and providing training, education, and assistance.

A full list of standards that each facility must comply with during the coronavirus pandemic can be found on OSHA’s website. The website can be accessed at this link: Safety and Health Topics | COVID-19 | Occupational Safety and Health Administration (osha.gov)

Issue:

OSHA requires compliance with their guidelines and regulations by each facility to ensure that all healthcare staff work in a safe environment. Failure by a facility to follow OSHA guidelines and regulations may result in citations and financial and other penalties.

Discussion:

Review policies and procedures to ensure that OSHA’s regulations are incorporated into protocols related to COVID-19. Review your policy and procedure for OSHA recordkeeping and reporting an injury, illness, or fatality to OSHA.

Train all staff on policies related to COVID-19. Train appropriate staff on policies and procedures for OSHA recordkeeping and reporting an injury, illness, or fatality to OSHA.

Periodically audit to ensure that policies and procedures related to COVID-19 are being followed. In addition, periodically audit to ensure that all OSHA recording forms are accurate and up-to-date, and that all injuries, illnesses, and any fatalities have been reported to OSHA within required timeframes.