Risky Business: OSHA Investigation Warns Healthcare Providers of Liability for Patient Assaults

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently cited Circles of Care, Inc., a Florida behavioral health company, for failing to provide a workplace free of recognized hazards. This citation followed an incident where a patient assaulted a mental health technician at a nurse work station.[1]  Circles of Care was previously cited for two incidents in 2020, one of which resulted in the fatal shooting of a counselor by a former Circles of Care patient.  As a result, OSHA found that the center failed to provide sufficient controls to prevent the escalation of acts of aggression toward professional staff and the citation was categorized as serious.  Additionally, the company failed to report the employee’s work-related hospitalization within 24 hours, as required by law. For the two violations, OSHA proposed penalties of $101,397.

Data reported by the U.S. Bureau of Labor Statistics shows that health care workers are five times more likely to suffer intentional workplace violence incidents than workers overall.[2]  The Bureau’s data indicates that in 2018, health care workers accounted for 73% of all nonfatal workplace injuries with 15,230 incidents reported.  The Bureau’s data also indicates that in 2020, there were 8,590 incidents of nonfatal, intentional injuries to health care workers in the workplace.[3]  Additionally, data obtained from nurses in a major population-based study shows a rate of physical assaults of 13.2 per 100 nurses per year.[4]  Further, between 2011 and 2018, there were 156 workplace homicides in healthcare, 23 of which were caused by patients.  We anticipate data like this will prompt OSHA to increase its vigilance in conducting workplace violence inspections in the health care industry. 

Need strategies to decrease liability from patient violence or to create an effective safety plan? Dinsmore can help. Please contact Kelly A. Leahy, Kelby Thomas Gray, LaTawnda Moore or your Dinsmore attorney.