It’s Your Call June 2019

OSHA:  Our office has switched disinfectant wipes. Do we need to retrain?

1910.1200(h)(1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.

The new employer is responsible for ensuring employees are adequately trained and are equipped with the knowledge and information necessary to conduct their jobs safely. Additional training would likely include the location of SDS and the hazards for new chemical exposures.  Employers must evaluate each worker’s level of knowledge regarding Hazard Communication. TMC clients receive refresher courses annually for employees which have proven to be beneficial.

HIPAA: What is the best way to know if our office needs a business associate agreement?

Here are a few questions to ask:

1. Is the business paid for a service that is directly involved with viewing, accessing, or storing protected health information (PHI)?
2. Will the business provide troubleshooting services for a program or device that stores PHI?
3. Will the business transmit, receive, create, maintain or transmit PHI?

If the answer to any of these is yes, then you need an agreement.

If you are still in doubt, here is a helpful business associate decision tree at https://www.hollandhart.com/pdf/Business_Associate_Decision_Tree.pdf.