Written By David Johnson
California is looking to healthcare legislation for OSHA-mandated prevention of workplace violence. In November of 2018, California will host a summit to discuss risk reduction for California employers and safety professionals through the Cal/OSHA division. In the most recent article of the EHS (Environmental Health and Safety) Advisor, there is a indication that law to prevent workplace violence may change very soon among all industries by looking at healthcare legislation. Currently, the general workplace violence rules for employers are proposed to be much broader than healthcare providers. Specifically, California was the first to create and implement a policy that required health providers to take steps to reduce workplace violence. In like fashion, Cal/OSHA is looking at implementing more policies on reducing workplace violence in all industries.
Some believe that OSHA should also keep rules broad to allow industries to adjust policies related to workplace safety according to the unique nature of each business. However, current drafts of the Workplace Violence Prevention in General Industry suggest that there will be formalized rules for all employers in California such as:
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Implementation Personnel
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Employee representation in Plan Administration and Development
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Plan Coordination
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Response Procedures and Retaliation Protections
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Employee Compliance Procedures
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Employee Communication Procedures
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Workplace Hazard Identification and Mitigation
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Investigation Procedures
Documentation may occur in the Injury and Illness Prevention Program (IIPP) or a new document. However, the requirement to involve law enforcement is unique to healthcare. Cal/OSHA has no indication that it will include a law enforcement requirement. According to the regulatory requirements from the State of California Department of Industrial Relations, the standard for healthcare providers went into effect April 1st of 2018 for
“Health facilities, as defined in subsection (b), Home health care and home-based hospice, Emergency medical services and medical transport, including these services when provided by firefighters and other emergency responders, Drug treatment programs, Outpatient medical services to the incarcerated in correctional and detention settings.”
Employers are required to maintain a violent incident log and methods of record-keeping, as well as a workplace prevention plan, mechanisms of review, and training. For some, this may appear to be yet another administrative burden. However, employee safety is important to avoiding an OSHA-centered lawsuit and maintaining a happy and safe work environment that patients feel comfortable
Furthermore, at American Medical Compliance, we offer a wide variety of OSHA compliance courses including Controlling Violence in the Workplace. Additionally, please contact us if you have any questions about our services or what we can offer you to protect your employees and your business.
Sources
Cal/OSHA Summit 2018 | October 17-19, 2018 | San Diego, CA – BLR Professional Events. (n.d.). Retrieved July 18, 2018, from http://live.blr.com/event/calosha-summit/
Cal/OSHA Summit 2018: Prepare for the Workplace Violence Rule for General Industry. (2018, July 11). Retrieved July 18, 2018, from https://ehsdailyadvisor.blr.com/2018/07/cal-osha-summit-2018-prepare-workplace-violence-rule-general-industry/
California Code of Regulations, Title 8, Section 3342. Violence Prevention in Health Care. (n.d.). Retrieved July 18, 2018, from https://www.dir.ca.gov/Title8/3342.html
C. (n.d.). Workplace Violence Prevention in Health Care. Retrieved July 18, 2018, from https://www.dir.ca.gov/dosh/workplace-violence-prevention-in-healthcare.html
