It’s Your Call February 2022

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OSHA: Has OSHA relaxed any of the covid-19 guidance for employers? No. Although the Emergency Temporary Standard (ETS) has been withdrawn, OSHA is working towards a permanent regulatory solution and will enforce the general duty clause and general standards. Therefore, employers should continue to provide adequate protections against covid-19 for healthcare employees. This includes, but […]

The Best Way to Prevent an OSHA Inspection

Most OSHA inspections in healthcare practices are brought about by employee complaints and can be preventable. You may think that disgruntled ex-employees are doing the reporting. That does happen frequently, but OSHA is aware of these kinds of retaliatory complaints and weighs that factor into their determination on whether to send you a letter or […]

It’s Your Call January 2022

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OSHA: What were the top Federal OSHA citations in healthcare during the pandemic? The penalties below were retrieved from OSHA’s webpage listing industry specific citations from October 2020 to September 2021. HIPAA: My co-worker is loud when he talks to patients.  Does the HIPAA Privacy Rule say anything about talking to patients if one might […]

HIPAA AND BATTLING PARENTS

Dealing with a minor’s medical records can be a minefield when a child is from a blended family or the parents have a contentious divorce going. Things get especially sticky when you add in stepparents and grandparents, and when a minor controls all or a portion of their own records. It’s a good time to […]

It’s Your Call December 2021

OSHA: What is the frequency for fit testing per OSHA? The OSHA regulations state the following: 1910.134(f)(2) The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually […]

OSHA CITATION PENALTIES

A lot of our clients ask us what the OSHA penalty is for a particular violation. OSHA citations and the accompanying penalties do not work that way. There is no schedule that says an overfilled sharps container is $900 or failure to provide appropriate protective equipment is $2500. OSHA citations are based on failure to […]

HIPAA

HIPAA Disclosure

DISCLOSING COVID-19 VACCINATION STATUS HHS has published an article on the HIPAA Privacy Rule’s effect on the disclosure of COVID-19 vaccination status for healthcare. The following are excerpts from the article. For the full text see: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-covid-19-vaccination-workplace/index.html. Remember that HIPAA is not the only set of laws that regulate this information. Does the HIPAA Privacy […]

It’s Your Call November 2021

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OSHA Trivia:  When was the Occupational Safety and Health Administration established by Congress? OSHA was established by Congress under President Richard Nixon on April 18, 1971. Before that date, very few states had decent worker protection laws. Workers could only accept dangerous conditions or find a new job. Presently, employers have a greater responsibility to […]

OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)

Two laws were enacted last week that affect healthcare facilities of which you should be aware. Both revolve around COVID-19 vaccination of employees. One is the new OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard and the other is the Centers for Medicare + Medicaid Services (CMS) Omnibus COVID-19 Health Care Staff Vaccination Interim Final […]