October 11, 2022 With all of the OSHA inspections that are conducted throughout all the major sectors, you would be surprised to find out that the healthcare industry makes up 12% of those inspections! With the total average number of OSHA inspections leaning towards 34,000 a year – 14,000 of those inspections are related to the healthcare industry alone. You may be thinking to yourself how does the whole OSHA inspection process work? Well, you are in luck! Let’s get into the nitty gritty of it all. Anyone who is covered by the Occupational Safety and Health Act has the ability to request an OSHA inspection, or OSHA could also make an unrequested inspection. If and when an inspection is conducted, it is typically done with no notice at all – talk about an uninvited guest! For the inspection itself, it will include an opening conference, “walkaround” of the workplace, and a closing conference. The opening conference will begin once the inspector arrives and meets with the representatives. This part of the inspection is to be as short as possible and ensures that the inspection will cover all hazards that were mentioned in the complaint. After the opening conference, the inspector will conduct what’s called the “walkaround”. This is where the inspector and any representatives will check the facility for any safety and health hazards that were included in the initial complaint. The inspector could potentially check for any other hazards if they choose. The inspector would speak with any affected employees and employees are encouraged to point out any hazards and mention any past accidents, illnesses, and employee complaints. During the initial walkaround, the inspector may use any equipment to measure noise, dust, fumes or any other hazardous exposure. If you are unsure of what they are doing, don’t be afraid to ask. After the walkaround is complete, the OSHA inspector will bring any violations to the attention of the employer and employee representatives at the time they were discovered. Last thing is the closing conference, where the OSHA inspector where the OSHA inspector has to conduct a closing conference, whether it is jointly or separately, and will go over any apparent violations, ways to correct them, deadlines, and potential fines. And that wraps it up! Phew! Now let’s talk about MONEY! Every year OSHA introduces a plan and budget to substantiate their existence. In August, the Senate proposed an 11.1% funding increase for OSHA in the fiscal year of 2023. The Department of Labor, HHS, Education and Related Agencies Appropriations Act of 2023 proposes $679.8 million for OSHA in 2023, which is $68 million more than 2022. There is a House funding bill as well that proposes $712 million for OSHA; if the finalized budget is passed the amount would fall somewhere in between the two amounts that were proposed. With all that being said, having a larger budget could mean hiring more inspectors who could potentially knock on your door! Now that you’re familiar with the inspection process, wouldn’t it be nice to know you can be confident in your practice’s OSHA program? In walks Abyde – and we are a guest that usually brings doughnuts when we walk through your door!
Kickstart your OSHA Compliance Program with a Facility Risk Assessment
October 11, 2022 If you are familiar with OSHA compliance, you may know that you need to complete a Facility Risk Assessment, otherwise known as a Workplace Hazard Assessment. Tomato, toe-mat-oh, right? Despite the differing names, it’s important to know that this assessment helps your organization to identify, minimize and eliminate hazards in the workplace with the goal of providing a safe and healthful work environment for all employees. Think of your Facility Risk Assessment (FRA) as the meat and potatoes of your entire OSHA compliance program. This is a baseline survey of all the hazards in your workplace. Without properly identifying, and more importantly, documenting all hazards within your organization, you cannot move forward with the rest of your OSHA compliance program and cannot show that there is a culture of compliance within your organization. Additionally, in the case of an investigation, the FRA is going to be the first thing the government asks for, so that is why it is so important it is completed first. What kind of questions does your FRA need to include? Just as there is not a single recipe for a savory steak and potato meal, there is no single checklist to follow when it comes to completing a Risk Assessment for your organization. However, OSHA does recommend incorporating 7 core elements as part of your Facility Risk Assessment: Once you have completed your Facility Risk Assessment, you should not tuck it into a folder and forget about it. Your FRA must be reviewed periodically to ensure that it is up to date and accurately reflects all processes and controls within your organization. It’s also important to keep in mind that all employees should be involved in the process of mitigating hazards identified from your FRA. What’s the best way to tackle a Facility Risk Assessment? If your organization has not completed an FRA before or if you have but not sure if it was thorough, using an outside organization will help to ensure all areas of the FRA are fully completed and documented accordingly. A third party can also help add new areas and questions into the FRA that reflect changing regulations. Are you looking for help kickstarting your OSHA compliance program? Reach out to Abyde today for a customized, easy to complete FRA that is tailored to you and your organization.
Optometrists Need OSHA too!
October 11, 2022 “Why should I be concerned about OSHA? I’ve never heard anything about OSHA and vision clinics?”- an actual Abyde customer Optometrists can feel the sting from OSHA, but it isn’t a sting like getting shampoo in your eye that goes away after washing it out. It’s a financial sting, much like cutting a jalapeno and wiping your eye, and requires a more serious treatment method. OSHA is ramping up their staffing, and holding their regulations to the highest standards we’ve seen yet. Sure, when you put OSHA into your search bar you see hardhats and bright green vests, it doesn’t look like it applies to you. We are here to tell you no one is exempt from regulations unless specifically stated. We have done our research, we see the importance for our customers, and now it’s time to educate on why it applies to Optometry. Optometrists and their staff always use best practices in wiping down the chin and head strap before sending that always anticipated, but yet startling ‘puff’ to the eyeball. When sitting in the big chair and ready to use the machine that has patients looking like Dr. Robotnik, they always clean it beforehand. But, what may not be recognized is that the cleaning solution used in best practice, is required to be logged and updated under OSHA Standards. Let’s not forget about the education Optometrists give patients on the benefits of getting eyes dilated. When patients consent to wearing the cool disposable sunglasses, the Doctor’s responsibility is to have OSHA approved regulations in place while using the chemical. This includes but is not limited to having it logged in the Safety Data Sheet (SDS), but also making sure all staff is trained on usage to avoid any injuries. Documenting your hazardous chemicals and training staff for implementation, is part of the real definition of best practice according to us here at Abyde, and we of course give you everything you need to do so. While patients may need eye drops for getting shampoo in the eye, they won’t be getting any eye diseases that an Optometrist needs to treat. However, while treating eye diseases, OSHA standards for Exposure Control are required to be followed. That includes any bacteria, bloodborne pathogens, and maintaining proper protection is key! Let’s not forget the hazardous chemicals you’re using for treatment. Now that we’ve gone full circle, we haven’t even started the race on OSHA importance in Optometry. So, to answer the Abyde customer(s) who are wondering why they should be concerned about OSHA, we have much more education available for all of our Optometrists! Knowledge is power, (and in this case, a money saver), y’all.
North Texas Dental Practice, Fined $15K for OSHA Whistleblower Violations
March 3, 2023 Blow the whistle… No, not like the 2006 Too Short song but OSHA’s Whistleblower Protection Program. Whistleblower protection laws are in place to prevent retaliation against employees who report safety violations, discrimination, or other illegal activities in the workplace. Under the Occupational Safety and Health Administration (OSHA) Whistleblower Protection Program, employees who report such violations are protected from retaliation by their employers. This protection includes not only termination but also other forms of retaliation such as demotion, reduction in pay, or denial of overtime or promotions. Why would a practice retaliate for a complaint received instead of mitigating the risk and working toward a culture of compliance? That is a $15,706 question and unfortunately, Roger and David Bohannan of Roger H. Bohannan DDS Inc. have to answer. While on furlough in early 2020, a dental hygienist and dental assistant at the practice asked what coronavirus safety measures would be in place once patients and employees returned. When the practice did reopen, those two employees were not reinstated simply because they expressed their concerns and cited guidance from the Centers for Disease Control (CDC) and OSHA. Further investigation found that Bohannan Dentristry discriminated against employees for exercising their rights under section 11(c) of the OSH Act which prohibits retaliation by employers against workers who “blow the whistle” by exposing health and safety hazards. In a statement made by an OSHA Regional Administrator in Dallas, Eric S. Harbin, “Like all workers, these two people had every right to speak up without the fear of losing their jobs. We want workers to know that OSHA is here to protect their rights, and we won’t hesitate to exercise our authority when they are violated.” OSHA administers more than 20 whistleblower statutes, with varying time limits for filing. The time frame for filing a complaint begins when the adverse action occurs and is communicated to the employee. There are varying reporting deadlines from 30-180 days specific to each statute. It is important for employees to know that they have rights under the law to report safety violations and other illegal activities without fear of retaliation. Employers have a responsibility to provide a safe and healthy workplace, and OSHA’s Whistleblower Protection Program helps to ensure that employees can speak up when they see something that is not right.