OSHA

Member experience: When fighting OSHA, documentation is best defense

 William G. Patrick, MD, a private practice dermatologist in Fayetteville, New York, shares his experience battling an OSHA fine.

In early 2014, one of my employees quit after being reprimanded for poor performance. I suspect that this disgruntled employee then contacted OSHA and asked them to investigate my practice for violations.  

A few weeks after the employee left, an OSHA inspector showed up at my practice. 

We took the inspector around the office, and she found a few small items that she claimed were violations. As she left, she said that OSHA would be issuing violations against my practice, but that I’d probably be able to negotiate the fine with the agency.

It seems that OSHA accuses medical offices of violations with a larger fine and then says that these violations and fines can be “negotiated down.” Initially, I was served with two “serious” violations and a $6,000 fine. However, after talking to OSHA, they attempted to negotiate it down to one “serious violation” and a $1,600 fine. When I didn’t accept that offer, they extended a “non-serious” violation and a $1,600 fine. 

I felt OSHA was in error, and their actions were an attack on standard dermatology procedures and methods followed by physicians in the specialty. I engaged an attorney with experience fighting the government and we filed an appeal. Ultimately, the violations and fine were dismissed.

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One of the problems we face is that OSHA rules are ambiguous and vague in their interpretation. I learned that the best thing to do to protect yourself and your practice is to proactively educate staff about OSHA regulations. If you do this, staff will be hard-pressed to claim that you neglected to keep up with current standards. 

Also, document, document, document. If you are unfortunate enough to be cited with an OSHA violation, documentation will be your best defense. 

Government agencies have immense power, and it’s in your best interest to approach them with respect. In dealing with OSHA or any agency, persevere but don’t deliberately anger anyone. If you feel you’ve been wrongly accused, keep your composure and argue against the violations. Even when you are in the right, it might feel like it would be easier to roll over and pay the fine. But if you keep good documentation and work with an attorney who has experience challenging the government, you can win.

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