Workplace Violence Prevention in the Health Care and Social Assistance Sectors
Introduction:
Workplace violence is a pressing issue in many industries, and the health care and social assistance sectors are particularly vulnerable. In response to this concern, a small business advocacy review panel recently concluded its evaluation to address workplace violence prevention in these industries. This article discusses the key findings and recommendations of the panel, as well as the implications for small businesses and employers in the health care and social assistance sectors.
1. Background:
Workplace violence refers to any act or threat of physical violence, harassment, intimidation, or other disruptive behavior that occurs at the work site. The health care and social assistance sectors are at a higher risk of workplace violence due to the nature of their work, which involves interaction with patients, residents, and visitors. According to the panel’s findings, employees in the health care industry face workplace violence at a rate six times higher than the rest of the US workforce.
2. Panel’s Findings:
The panel conducted extensive research and consultations with stakeholders to gather information on the prevalence and impact of workplace violence in the health care and social assistance sectors. Some of the key findings from the panel’s report include:
– High Rate of Workplace Violence: The panel found that the health care industry has a significantly higher rate of workplace violence compared to other sectors. This is primarily due to violent behavior from patients, long-term care residents, and visitors.
– Concerns about Existing Programs: Employers raised concerns about the quality of existing workplace violence prevention (WPV) programs. While there are existing regulations, guidelines, and accreditation standards on WPV prevention, employers expressed doubts about their effectiveness in addressing the unique challenges of the health care and social assistance sectors.
– Cost Considerations: Employers also highlighted the increased costs associated with overlapping new regulations. They expressed concerns that implementing additional WPV standards may impose a financial burden on small businesses in the industry.
– Minimal Potential Effects on Risk Reduction: Another concern raised during the consultations was the minimal potential effects of new regulations on risk reduction behavior. Employers questioned whether additional regulations would actually lead to a decrease in workplace violence incidents.
3. Recommendations for OSHA:
Based on their findings, the panel made several recommendations for the Occupational Safety and Health Administration (OSHA) to consider when developing a standard for workplace violence prevention in the health care and social assistance sectors. Some of the key recommendations include:
– Need for a Rule: The panel suggested that OSHA carefully consider the need for a new rule, taking into account the existing regulations, guidelines, and accreditation standards on WPV prevention. This recommendation emphasizes the importance of aligning any new standards with the already established measures.
– Flexibility in Compliance Approaches: The panel recommended that any new standard should allow employers to tailor their compliance approaches to the unique circumstances of their facilities. This flexibility ensures that small businesses can effectively address workplace violence prevention without undue burden.
– Scope of the Standard: The panel emphasized the need to define the appropriate scope of the standard, considering the particular risks and concerns in various sectors of the health care and social assistance industry. This recommendation recognizes the diverse nature of the industry and the need for tailored approaches.
– Incorporating Effective WPV Training Programs: The panel highlighted the importance of incorporating the elements of effective WPV training programs into any related standards or guidelines. This recommendation ensures that employers have access to best practices and can implement effective training protocols.
– Record Keeping Requirement: The panel suggested clarifying the record keeping requirements related to workplace violence incidents. While certain information about an incident should be recorded, there may not necessarily be a requirement for a separate form or format.
4. Implications for Employers:
The panel’s recommendations have significant implications for employers in the health care and social assistance sectors. It is important for employers to stay informed about any new regulations or standards related to workplace violence prevention. Some key implications include:
– Enhanced Training Programs: Employers should review and enhance their existing WPV training programs to align with the recommended best practices. This will help ensure that employees are properly trained to handle potential workplace violence incidents.
– Tailored Compliance Approaches: Employers should develop compliance approaches that are tailored to the specific circumstances of their facilities. This may involve conducting risk assessments, implementing security measures, and fostering a culture of safety.
– Collaboration with Accrediting Bodies: Employers should collaborate with accrediting bodies, such as The Joint Commission, to address workplace violence in their facilities. Aligning with recognized standards and guidelines can enhance workplace safety and demonstrate a commitment to employee well-being.
– Review of Existing Programs: Employers should proactively review their existing WPV programs and assess their effectiveness. This review process can help identify areas for improvement and ensure compliance with existing regulations, guidelines, and accreditation standards.
Additional Piece:
Workplace violence prevention is a complex issue that requires a comprehensive approach from employers, regulatory bodies, and other stakeholders. While the panel’s recommendations provide a starting point, it is essential to delve deeper into the subject matter to develop a thorough understanding of workplace violence prevention in the health care and social assistance sectors.
One key aspect to consider is the role of leadership in fostering a safe and supportive work environment. Employers should prioritize workplace violence prevention by implementing robust policies, conducting regular training sessions, and promoting a culture of respect and accountability. When leaders actively address workplace violence, it sends a clear message to employees that their safety is a top priority.
Another important consideration is the impact of workplace violence on employee mental health and well-being. Experiencing or witnessing workplace violence can have long-lasting psychological effects on individuals. Therefore, employers must provide resources for employees to cope with the aftermath of such incidents, including access to counseling services and support groups.
Furthermore, collaboration and knowledge-sharing among employers, industry associations, and regulatory bodies are instrumental in addressing workplace violence effectively. Sharing best practices, case studies, and lessons learned can help employers stay informed and learn from each other’s experiences. This collective effort can result in the development of stronger, more resilient prevention strategies.
Summary:
In conclusion, workplace violence prevention in the health care and social assistance sectors is an ongoing concern that requires attention and action. The recent small business advocacy review panel provided valuable insights and recommendations for OSHA to consider when developing a standard for these industries. Employers must stay informed about any upcoming regulations and guidelines, enhance their training programs, tailor compliance approaches, collaborate with accrediting bodies, and review their existing programs to ensure workplace safety. By prioritizing workplace violence prevention and fostering a culture of respect and accountability, employers can create a safer environment for their employees and mitigate the risks associated with workplace violence.
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Seyfarth Synopsis: A small business advocacy review panel for a possible OSHA standard to address workplace violence prevention in the health care and social assistance sectors concluded on May 1, 2023. The report end is available herewith specific Conclusions and recommendations here.
A Small Business Advocacy Review Panel (“Panel”) convened under Section 609(b) of the Regulatory Flexibility Act, as amended by the Small Business Compliance Fairness Act of 1996, to address the potential for an OSHA standard related to workplace violence (“WPV”) in health care and social assistance, similar to the existing standard in California. The Panel continued a seven-year push by OSHA to evaluate WPV and the potential of a federal rule.According to the panel’s findings, the 20.9 million employees in the healthcare industry face WPV at a rate six times the rate of the rest of the US workforce, primarily as a result of violent behavior from patients, long-term care residents, and visitors In calls with stakeholders in preparation of the report, employers raised concerns about the quality of existing WPV programs (that meet the draft framework for a WPV standard ), increased costs due to overlapping new regulations, and minimal potential effects on risk reduction behavior. For hospitals and many industry employers, The Joint Commission, a hospital accrediting body recognized by the Centers for Medicare and Medicaid Services, addresses workplace violence in relevant industries.
The Panel recommended that OSHA consider, among other items:
- The need for a rule, given the “existing regulations, guidelines, and accreditation standards on WPV prevention.”
- Flexibility in the standard to allow employers to tailor their compliance approaches to the unique circumstances of their facilities.
- The appropriate scope, including particular risks and concerns in various sectors potentially covered.
- “[T]the elements of [effective WPV training programs in healthcare and social assistance]”, so that OSHA can incorporate them into any related standards or guides.
- “[T]The record keeping requirement to make it clear that while certain information about an incident must be recorded, there would not necessarily be a requirement for a separate form or format that employers should use.”
We will continue to monitor this rulemaking and report any relevant updates. In the meantime, we have previously blogged on this topic, and employers are welcome to review those posts for additional information on WPV. See for example: Free National Retail Federation Webinar on Workplace Violence; National Safety Council publishes workplace violence resources for employers; OSHA’s COVID-19 health care rule takes precedence over heat illness and workplace violence; CDC Guidance on Retail Workplace Violence Associated with COVID-19, Customer Face Mask Compliance; Illinois State Police Provide Active Shooter and Workplace Violence Training; House Passes Legislation on Workplace Violence in Healthcare and Social Assistance; Commission decisions confirm that employers must take steps to protect employees from violence in the workplace; Workplace violence and shootings in the crosshairs; OSHA and Title VII on Workplace Violence in Health Care and Social Work; NIOSH offers a free training program to help employers address safety risks home health care workers face, OSHA Publishes “Strategies and Tools” to “Help Prevent” Workplace Violence in the Health Care Setting; Healthcare Employers Will Get Even More Attention From OSHA; OSHA updates guidance on workplace violence to protect health care and social service workers; CA Nears Adoption of New Workplace Violence Regulations for Health Care Employers, Home Health Care Providers, and Emergency Responders.
https://www.jdsupra.com/legalnews/small-business-panel-has-big-8773017/
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