Indiana’s Largest VA Hospital Caught by Federal Inspectors Failing to Protect Employees from COVID-19
The Richard L Roudebush VA Medical Center in Indianapolis (“Roudebush”) serves veterans not only residing throughout the State of Indiana but also those living in eastern Illinois. Roudebush is the “flagship of the Indiana VA system,” as it is the VA’s largest health facility in Indiana.
Caring for our veterans, and protecting those that provide that care, is an important and honored task. This is why the news reports this week about Roudebush are so disheartening.
Indianapolis VA Hospital Cited for 3 Serious COVID Safety Violations by OSHA
On September 11, 2020, WTHR reported that inspectors from the Occupational Safety and Health Administration (OSHA) found the Indianapolis VA Hospital had “serious safety violations” that were detailed in three different OSHA notices citing “Unsafe or Unhealthful Working Conditions.” Read, “Indiana’s Largest VA Hospital Faces OSHA Violations During COVID Response,” written by Sandra Chapman and published by WTHR on September 11, 2020.
Specifically, OSHA found that Roudebush did not provide surgical masks or face shields for employees involved in screening protocols; did not provide appropriate respirators for workers at the release of information desk or the Cardiology department; or those who stood at the hospital entrances and screened everyone walking in the door. Roudebush has until October 2, 2020, to respond to OSHA’s citations. Read, “OSHA Issues Roudebush Medical Center Citations for Inadequate COVID-19 Protocols during Early Days of Pandemic,” written by Russ McQuaid and published by Indianapolis’ local CBS affiliate YourNewsNow on September 11, 2020.
Indiana’s largest VA Hospital has failed an OSHA inspection with the federal agency finding three areas of “serious safety violations” involving how the hospital was acting to protect its employees.
Employers Across the Country Fail to Keep Workers Safe from Coronavirus
This is not the only example of employers failing to keep employees safe from exposure to COVID that has resulted in federal citations issued by OSHA in recent weeks. Across the country, it is becoming clear that workers have been endangered while on the job to exposure to the dangerous Coronavirus time and again, as employers have failed in their duty of care to keep them safe from harm.
Consider the following OSHA citations issued within the past week, other than Roudebush:
1. Louisiana Hospital: OSHA wants Maximum Penalty Allowed by Law for Failure to Protect Workers
OSHA cited Christus Shreveport-Bossier Health System in Shreveport, Louisiana, for one serious violation in failing to make sure its employees wore proper protective equipment against COVID-19. Specifically, OSHA discovered that the Louisiana hospital’s emergency facility employees were either sharing used protective gowns or did not have a protective gown to wear while treating patients. OSHA proposes $13,494 in penalties, the maximum allowed by law for a serious citation.
From OSHA Baton Rouge Area Director Roderic M. Chube:
“Employers, especially those within the healthcare industry, must comply with existing standards to help ensure workers’ safety amidst the coronavirus pandemic. Healthcare workers must be provided proper personal protective equipment to limit the spread of the virus.”
2. New Jersey Hospital: OSHA Finds Two Serious Failures to Protect Workers from Coronavirus
CarePlus Bergen Inc. (Bergen New Bridge Medical Center) has been cited by OSHA for two serious safety violations, with proposed penalties of $9,639, involving (1) failing to fit-test tight-fitting face piece respirators on employees who were required to use them and (2) failing to train employees on proper respirator use and ensure employees understood when to wear a respirator.
From OSHA Hasbrouck Heights Area Office Director Lisa Levy:
“Employers must take action to protect their employees during the pandemic, including implementing effective respiratory protection programs. OSHA standards require healthcare workers to be fit-tested to ensure the respirators they use provide adequate protection.”
3. Smithfield Meats: Four Workers Died From COVID, OSHA Proposes Maximum Legal Penalty
Smithfield Packaged Meats Corp. in Sioux Falls, South Dakota, was cited by OSHA for failing to protect employees from exposure to the coronavirus. OSHA proposes the maximum penalty allowed by law ($13,494). OSHA found that the meatpacker company failed to provide a workplace free from recognized hazards that can cause death or serious harm, as seen by 1,294 Smithfield workers contracting COVID-19 with four (4) employees dying from Coronavirus in the spring of 2020.
From OSHA Sioux Falls Area Director Sheila Stanley:
“Employers must quickly implement appropriate measures to protect their workers’ safety and health. Employers must meet their obligations and take the necessary actions to prevent the spread of coronavirus at their worksite.”
4. JBS Foods (Swift Beef) Found to Allow Recognized Job Site Hazards That Can Cause Death
OSHA has cited JBS Foods Inc. (Swift Beef Company) in Greeley, Colorado, for failing to protect its employees from exposure to the coronavirus, proposing $15,615 in penalties. OSHA found the meatpacker (1) failed to provide a workplace free from recognized hazards that can cause death or serious harm, and (2) failed to provide an authorized employee representative with injury and illness logs in a timely manner following OSHA’s May 2020 inspection.
From OSHA Denver Area Director Amanda Kupper:
“Employers need to take appropriate actions to protect their workers from the coronavirus. OSHA has meatpacking industry guidance and other resources to assist in worker protection.”
Employer Liability for COVID Exposure and Serious Illness or Death from Coronavirus
Under state and federal law, employers in Indiana and Illinois have a duty to protect workers from harm while they are on the job. This legal duty includes take reasonable coronavirus precautions, as they apply to the particular industry. Reasonable precautions against exposure to COVID will be different for hospitals than for meatpackers.
The employer has the legal responsibility to determine what steps are necessary to keep their employees safe, and thereafter to implement those steps and make sure they are followed in all work sites and job areas.
To that end, OSHA, the CDC, and other agencies have published guidelines and suggestions to help employers in this task. For more, see our earlier discussions in:
- Coronavirus Alerts from OSHA: Guidance Given to Employers for Protecting Workers from COVID-19 but No New Legal Standards Issued
- Coronavirus: Federal Checklists for COVID Help Define Standards of Care for Businesses and Employers
- Coronavirus: New Face Mask Mandates Help Define Businesses’ Legal Duty of Care in COVID-19 Injury Cases
- Coronavirus Reopening in Indiana and Illinois: Duty of Care to Protect Employees against COVID-19 Exposure.
Consider the penalties being assessed by OSHA in the above examples. Given the revenue these companies generate in a year’s time, does anyone believe that these small amounts will provide incentive for the employers to take better care of their workers?
If an employer is found to have failed to comply with laws or regulations designed to protect the health and safety of its employees, then its actions may well support a claim brought under state law for a worker’s illness or fatality. It may well be that it is only through the cases pursued by the injured victims and their loved ones that companies will recognize the importance of putting people over profits and keeping employees safe while at work.
As we have warned earlier, employers in Indiana and Illinois have a duty to protect workers on the job but many may be failing to do so, breaching that duty to keep workers safe from COVID. If you or a loved one has suffered Coronavirus injuries, then you may have a legal claim for bodily harm against an employer if your exposure was on the job. Please be careful out there.
