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Are You at Risk of Being on OSHA's Penalty List?

April 27, 2021
Documentation, Billing, & Coding By Deborah Alexander, Director

In the past six months, the Occupational Safety and Health Administration (OSHA) has been increasing its’ investigative presence and enforcement for safety violations. Specifically, OSHA has issued over $4,000,000 in penalties directly attributed to non-compliance with protecting staff as it relates to COIVD-19.

 

violation

 

The OSHA fines are a result of the public health emergency (PHE), specifically the Respiratory Protection Program (RPP) requirements which continue to account for the largest number of violations. Obviously, some of the largest areas impacted by the penalties are within the healthcare delivery sector, but other industries are not immune from undergoing on-site investigations as a direct result of complaints and/or staff illness and deaths from COVID-19.

What Types of Business Have Been Penalized?

  • Health Systems and Inpatient Rehabilitation Hospitals
  • Physician Practices
  • Dental Practices
  • Skilled Nursing and Senior Living Facilities
  • Home Health Providers
  • Ambulance Providers
  • Dining and Housekeeping Services Staffing Companies
  • Transportation and Supply Chain Companies
  • Grocer and Produce Industry
  • Correctional Facilities
  • Nursery and Garden Industry

What are the Top Citations and Penalties?

  • Violations of the OSHA Respiratory Protection Program involved 253 companies with resultant accumulated penalties of over $3,500,000.
  • Violations of the OSHA requirement to report fatalities impacted 35 companies with resultant accumulated penalties of over $340,000.
  • Violations of the OSHA Personal Protective Equipment requirement impacted 14 companies with resultant accumulated penalties of over $130,000.
  • Violations of the OSHA Record Keeping and Providing Records Upon Request requirement impacted 23 companies with resultant accumulated penalties of over $192,000

This penalty data and other information can be found on the Establishment Search page of the Occupational Safety and Health Administration website. Also, keep in mind, OSHA continues the typical investigations which are not COIVD-19 related as well.

What are the Top 10 States with Penalties?

The chart below shows the top 10 states and their proposed penalties that resulted from their issued citations. This information can be found in the OSHA National News Release "Corrected: U.S. Department of Labor's OSHA Announces $3,849,222 In Coronavirus Violations." 

 

Penalties By State
State Penalty Total
New Jersey  $1,520,178
New York  $777,390
Massachusetts $344,679
Illinois $225,665
Ohio $215,713
Connecticut $162,597
Texas $156,540
Pennsylvania $118,123
Florida $87,136
Georgia $84,630

 

How Can LW Consulting, Inc. Help Keep Your Company Off This OSHA List?

  • LW Consulting, Inc. (LWCI) experts possess the Centers for Disease Control and Prevention (CDC) Infection Preventionist and the Centers for Medicare & Medicaid Services (CMS) Infection Certifications.
  • LWCI experts possess this experience across the Senior Living, Skilled Nursing, Food Service Industry, Housekeeping Services, and Outpatient Therapy Providers, serving both on-site and remotely as Infection Preventionists while also providing consulting services.
  • LWCI experts assist with CMS and Department of Health (DOH) Infection Prevention survey corrective action responses and on-site directed in-service training.

 

If you have an OSHA-related or InfectionControl question, contact Deborah Alexander at 717-213-3122 or email DAlexander@LW-Consult.com.

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