The US Occupational Safety and Health Review Commission (OSHRC) has upheld safety violations against an employer for the death of an employee caused by workplace violence. The employee died from nine stab wounds received on the front lawn of a patient’s home following a home visit in December 2012.
OSHA (Occupational Safety and Health Administration) cited a health care employer, Integra Health Management, was liable for safety violations. The health care agency knew that the patient had a history of mental illness and violent criminal behavior.
The OSCHRC held, “Section 5(a)(1) of the Occupational Safety and Health Act of 1970, known as the general duty clause, states that "each employer . . . shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." 29 U.S.C. § 654(a)(1). At issue here is whether Integra Health Management, Inc., violated this provision by failing to adequately address a workplace violence hazard-specifically, the risk of Integra's employees being physically assaulted by a client with a history of violent behavior during a face-to-face meeting. In the circumstances of this case, we conclude that a violation has been established and affirm the citation.”
Secretary of Labor v. Integra Health Management, Inc., OSHRC Docket No. 13-1124 (Decided March 4, 2019)
Related
Congressional Testimony: Occupational Safety Health and Law Project (February 4, 2014) Randy Rabinowitz, Esq., OSHLP Co-Director.
US Congress, Subcommittee on Workforce Protection, Hearing on "Caring for Our Caregivers: Protecting Health Care and Social Service Workers from Workplace Violence" (February 27, 2019.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
