Disclaimer: Facts are based upon an actual OSHA investigation.  This case is presented for educational purposes only and does not constitute legal advice or a legal opinion.

Workplace safety or health violation

Areas of Impact:

Regulatory Compliance; Employee Safety

Case Summary:

In response to a complaint, OSHA cited a Nevada dental office for three willful, three serious, and two other violations. The willful and serious violations were all related to noncompliance with the Bloodborne Pathogens Standard. The other two violations were related to noncompliance with the Hazard Communication Standard. The office faces $189,000 in proposed fines.

The three willful violations included:

1. Not offering the Hepatitis B vaccination training and vaccination within 10 working days of assignment and not ensuring that all employees with occupational exposure participate in a training program. 1910.1030(f)(2)(i)
2. Training was not provided at no cost to the employee and during working hours. 1910.1030(g)(2)(i)
3. Annual training for all employees was not provided within one year of their previous training. 1910.1030(g)(2)(iv)

The three serious violations included:

1. Employees who declined the hepatitis B vaccination offered by the employer did not sign a declination statement. 1910.1030(f)(2)(iv)
2. Sharps containers were not routinely replaced and were allowed to be overfilled. 1910.1030(d)(4)(iii)(A)(2)(iii)
3. Per the BBP standard, reusable containers were not allowed to be opened, emptied, or cleaned manually or in any other manner, which would expose employees to the risk of percutaneous injury. 1910.1030(d)(4)(iii)(A)(4)

The remaining two violations pertained to the Hazard Communication Standard.

1. Information and training was not provided on hazardous chemicals in the work area at the time of the employee’s initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. 1910.1200(h)(1)
2. The required training program did not include the required explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information. 1910.1200(h)(3)(iv)

Outcome of the Case:

The closing conference was held with the employer on July 7, 2017, however, the pending abatement of violations were still open as of July 21, 2018.

What could have been done differently?

Hint: Review OSHA Module II Lessons I and IV (Hazard Communication Standard) and Module III (Bloodborne Pathogens Standard) Lessons III and VI.

Risk Management Take-Aways:

• OSHA’s regulations apply to dental offices of all sizes; ignorance of the laws or willful noncompliance are not tolerated by regulators.
• All the items listed below must be documented and kept on file for 3-years unless state law requires longer.
• The BBP Standard outlines very specific protocol for onboarding new employees, which includes offering the hepatitis B vaccination and documenting when an employee declines the vaccination.
• The BBP requires annual training and specifies what topics must be included. OSHA interprets annual training as once every 365 days and not once in a calendar year. One of the specific requirements of OSHA training is the opportunity for employees to ask questions about the training.
• The Hazard Communication Standard outlines very specific protocol for onboarding new employees, which includes providing office-specific information and training on hazardous chemicals in the work area and training whenever a new chemical hazard the employee has not previously been trained about is introduced into their work area.
• The Hazard Communication Standard was updated in 2012 to include the Globally Harmonized System. The deadline for employers to be in full compliance was June 1, 2016. All employers are required explanation of their labeling system which includes the GHS system and the office safety data sheets, as well as how employees can obtain and use the appropriate hazard information.

Case Source:

https://www.osha.gov/news/newsreleases/region5/07052016