A Guide For Employers – Being Prepared For OSHA’s Medical Mismanagement Claims
The Occupational Safety and Health Administration (OSHA) has recently increased its focus on medical mismanagement claims to establish violations of the general duty clause of the Occupational Safety and Health Act (OSH Act). All employers, particularly those with onsite medical professionals, must be vigilant in addressing these claims and taking proactive steps to protect themselves. Continue reading to explore essential information and strategies to effectively defend against OSHA’s medical mismanagement claims.
Understanding The OSH Act And The General Duty Clause
The primary objective of the OSH Act is to ensure that employers maintain a safe and healthy work environment, free from recognized hazards such as toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, and unsanitary conditions. The general duty clause empowers OSHA to address hazards for which no specific standards exist. Recent applications of the general duty clause by OSHA have included addressing issues related to the COVID-19 pandemic, heat-related illnesses, and workplace violence.
While medical mismanagement claims are relatively rare, experts anticipate that OSHA will increasingly rely on them to address ergonomics and repetitive motion injuries in the workplace. Repetitive motion injuries are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over. The growing interest in ergonomics primarily applies to industries such as warehouses, poultry processing, and similar work environments.
Defining Medical Mismanagement
To grasp the implications for employers, it’s essential to understand what medical mismanagement entails. This concept involves allegations that employers have inappropriately delayed the evaluation, care, or treatment of injured workers. This is beyond what OSHA considers acceptable standards by a medical provider outside an onsite medical clinic or representative.
Medical mismanagement can encompass many mistakes, errors, and omissions that occur during diagnosis, treatment, surgery, or overall patient care. Moreover, it may involve prematurely returning injured workers to their regular job duties.
Common Ways Medical Treatment Delays Occur
Employers often inadvertently contribute to medical treatment delays for employees injured on the job. Common factors leading to delays include:
- Failure to promptly prepare a written notice of the accident
- Neglecting to document health problems as work-related
- Inadequate communication with the insurance company
OSHA has identified several specific areas of medical mismanagement concerns that employers should be aware of. These include:
- Insufficient opportunities provided for employees to become conditioned to their job
- Inadequate information provided to occupational health professionals (OHPs)
- Incomplete medical records
- Lack of follow-up by OHPs with employees who have returned to work
- Inappropriate job accommodations for workers returning from medically directed time off
- Inappropriately conservative treatment approaches
- Lack of precision in medical protocols
Steps Business Owners Should Take To Prevent OSHA Medical Mismanagement Claims
Implementing effective defense strategies is crucial for business owners to prevent OSHA medical mismanagement claims and protect their businesses. First and foremost, ensuring compliance with OSHA standards is paramount. By regularly reviewing and updating safety policies, procedures, and training programs, companies can demonstrate their commitment to maintaining a safe work environment.
Robust documentation of workplace injuries and medical treatments is also essential, providing evidence of timely and appropriate care. Establishing an efficient system for injury reporting and investigation allows for prompt identification and resolution of potential issues. In addition, maintaining well-managed onsite medical professionals who follow established protocols and provide comprehensive care further strengthens the defense against medical mismanagement claims. By proactively implementing these defense strategies, business owners can mitigate the risk of OSHA investigations and protect their employees.
Stephen Barr, GMS’ Safety Coordinator II, added, “It’s important that an injured employee is provided with timely and appropriate treatment to prevent further injuring themselves. Failure to make timely medical referrals for workplace injuries can result in substantial fines from OSHA. Employees must ensure that they have appropriate procedures in place for employees to promptly report workplace injuries.”
Don’t Manage This On Your Own
Running a business involves countless responsibilities and demands, leaving little time to single-handedly manage OSHA compliance and fend off potential risks. Fortunately, there are solutions tailored specifically to support business owners like you. Have you discovered the benefits of a professional employer organization (PEO)? Look no further, as Group Management Services (GMS) stands ready as a certified PEO (CPEO) to alleviate the administrative burdens associated with your business operations.
More importantly, our safety experts can effectively address OSHA medical mismanagement claims. We offer expertise, guidance, and support in navigating complex OSHA regulations and developing robust safety programs. Through our strategic partnership, businesses can strengthen their defense strategies, ensure compliance with OSHA standards, and mitigate the risk of medical mismanagement claims. There’s no need for you to be worrying about this anymore. Get a quote from us today.