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The HIPAA Journal is the leading provider of HIPAA training, news, regulatory updates, and independent compliance advice.

OSHA Cites Circles of Care for Failing to Protect Employees from Patient Violence

The Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Circles of Care for failing to protect its employees from patient violence. This is the third time in the past 5 years that Circles of Care has been investigated by OSHA after workers were seriously injured or killed due to violent attacks by patients.

Circles of Care is a Florida-based operator of multiple psychiatric and rehabilitation facilities that provides mental health, alcohol, drug abuse, and related services. OSHA previously investigated Circles of Care on two occasions in 2020, once after the fatal shooting of a counselor by a former patient and another after an alleged assault at its Harbor Pines facility in Melbourne in 2020.

The latest OSHA investigation was launched on November 7, 2023, to assess compliance after an employee was hospitalized following a violent attack by a patient two days previously. A patient attacked a mental health technician at a nurse’s workstation at its Sheridan West Unit in Melbourne using a mental hole punch, causing injuries to the face, neck, and arm. A second employee suffered a hand laceration when attempting to restrain the patient.

OSHA determined that Circles of Care had not implemented sufficient controls to prevent the escalation of acts of aggression toward its professional staff and cited the company for a repeat violation for failing to provide a workplace free of recognized safety and health hazards. OSHA also issued a citation for an other-than-serious violation, as Circles of Care did not report the employee’s work-related hospitalization within 24 hours, as is required by law.

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“Circles of Care’s reluctance to protect its employees from the recognized danger of patient assault is shocking. These attacks often occur suddenly and swiftly, causing serious and, as we’ve seen, fatal harm to workers and leaving their co-workers traumatized,” said OSHA Area Office Director Erin Sanchez. “Workplace violence remains a real threat that healthcare employers and employees cannot underestimate. Industry employers like Circles of Care must prepare and train employees properly and practice emergency response actions to combat these incidents and ensure their employees are able to end their shifts safely.”

Circles of Care has 15 days from the date of the citations to either pay the proposed penalty of $101,397, request an informal conference with OSHA, or contest the findings before the Occupational Safety and Health Review Commission.

Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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