Key Takeaways
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- Workplace safety and OSHA rules apply to many healthcare practices.Requirements depend on workplace hazards, employee duties, and the applicable federal or state safety standards.
- Small practices still have compliance obligations.Exemptions from routine injury recordkeeping do not eliminate other applicable OSHA requirements, including bloodborne pathogen protections and required employee training.
- Prepare safety procedures before opening.Identify workplace hazards, establish required written plans, train employees, and maintain the documentation your practice needs.
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OSHA Compliance for Independent Medical Practices
For many, OSHA is just a sign on the wall they walk past every day without much thought. But for business owners, especially physicians running their own practices, OSHA compliance means keeping yourself and your staff safe, understanding your legal responsibilities, reducing the risk of fines, and protecting your practice from liability.
The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA), the federal agency responsible for regulating workplace health and safety. OSHA focuses on ensuring that physical office spaces are set up with health and safety in mind.
What OSHA Regulates in Healthcare
OSHA’s regulations cover a wide range of workplace safety concerns, including:
- Handling hazardous materials (e.g., cleaning chemicals and bodily fluids)
- Using hazardous equipment (e.g., X-ray machines)
- Cleanliness and infection control
- Emergency action plans and first aid protocols
- Personal protective equipment (PPE) requirements
- Workplace injury prevention and violence mitigation
This list is not exhaustive. OSHA regulations can vary based on the size and type of practice, including primary care offices and urgent care centers, so work with compliance professionals and legal counsel to determine which requirements apply to you.
Who Must Comply with OSHA Rules?
OSHA has broad authority to regulate workplace safety, but not all businesses are subject to the same requirements.
- All employers must comply with applicable OSHA standards. However, many businesses are not covered by any specific OSHA standards beyond the general duty to maintain a workplace free of “serious recognized hazards.”
- Solo practitioners with no employees are not subject to OSHA regulations.
- Small practices with 10 or fewer employees may be exempt from certain recordkeeping and reporting requirements.
Even if a business is exempt from certain OSHA recordkeeping requirements, health and safety remain a priority, especially in healthcare. Physicians must still determine which other safety standards apply to their practices. State and local regulations may also impose additional safety requirements for medical offices or clinics.
State vs. Federal OSHA
OSHA-approved state plans operate in 22 states and territories and cover both private-sector and state and local government workplaces. An additional 7 plans cover only state and local government workers. For example, California’s state plan covers most private-sector workplaces, while Illinois’ plan covers state and local government employees; federal OSHA generally covers private-sector workplaces in Illinois.
State plans must be at least as effective as federal OSHA, but specific requirements and enforcement procedures may differ by location. These differences can affect how workplace safety rules are applied, including during inspections.
For example, at the federal level, OSHA’s 2024 Worker Walkaround Rule allows employees to designate a non-employee representative, including a union representative, to accompany an OSHA inspector when the agency determines the representative is reasonably necessary for an effective and thorough inspection.
Practice owners should consult current OSHA guidance and applicable state-plan requirements to understand the rules governing their workplace.
What Happens If I Don’t Comply?
OSHA can inspect workplaces without prior notice. If an inspector identifies violations of OSHA standards or serious hazards, the agency can issue citations and fines. OSHA violations are also public records. Potential employees, patients, or competitors can access your compliance history.
For physicians who own or operate medical practices, understanding OSHA requirements is part of managing legal and operational risks. Addressing applicable requirements can reduce the risk of citations, fines, and disruptions to practice operations.
How to Get Started with Compliance
OSHA compliance may seem highly technical, but it follows a structure similar to other healthcare compliance obligations, such as HIPAA or fraud, waste, and abuse prevention.
To achieve OSHA compliance, healthcare practices should:
- Develop written policies and procedures
- Train employees on safety standards
- Maintain documentation and records of compliance
- Post OSHA-mandated signage
If you’re unsure where to begin, a healthcare attorney from our team can guide you. We offer free consultations.
OSHA Requirements for Medical Offices: A New Practice Checklist
Before opening a medical office, practice owners should identify workplace hazards and determine which OSHA standards apply. Use this checklist to address key safety requirements.
- Identify workplace hazards. Assess risks such as needlestick injuries, bloodborne pathogens, hazardous chemicals, radiation, and physical hazards.
- Prepare required safety plans. Develop an Exposure Control Plan and a Hazard Communication Program when applicable. Other written plans may be required depending on workplace hazards.
- Provide safety equipment and training. Supply required personal protective equipment (PPE), establish safe work procedures, and train employees on applicable safety standards.
- Check emergency procedures and postings. Review exit routes, emergency procedures, required OSHA postings, and any applicable fire-safety requirements.
- Maintain required records and review compliance. Keep required training and exposure records, determine whether injury recordkeeping rules apply, and update safety procedures as the practice changes.
State and local rules may impose additional obligations. Healthcare attorneys can advise practice owners on the legal requirements that apply to their business, review relevant policies and agreements, and address legal questions that arise as the practice grows. Jackson LLP works with independent healthcare practices on legal issues related to practice operations and compliance.
Get Legal Support
OSHA obligations can be complex, particularly as federal enforcement priorities shift. If you operate in one of the states where we have licensed attorneys, we can explain your responsibilities and develop compliance strategies tailored to your practice. Schedule a consultation to discuss the legal obligations and compliance risks affecting your practice.
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Frequently Asked Questions About OSHA Compliance
Does OSHA apply to small medical practices?
Yes. Small medical practices must follow applicable OSHA safety standards. Exemptions from routine injury recordkeeping do not excuse a practice from other OSHA requirements.
What OSHA documents does a medical office need?
Depending on workplace hazards, a medical office may need a written Exposure Control Plan, a Hazard Communication Program, employee training records, and other required safety documentation.
Is an OSHA Exposure Control Plan required for a private medical practice?
Yes, when employees have occupational exposure covered by OSHA’s Bloodborne Pathogens Standard. The plan must address exposure risks, protective measures, and procedures for exposure incidents.
Are medical offices with 10 or fewer employees exempt from OSHA?
No. Some small medical offices qualify for exemptions from routine injury and illness recordkeeping, but they must still comply with other applicable OSHA standards.
Does a private medical practice follow federal OSHA or state OSHA rules?
It depends on the state. Some states operate OSHA-approved programs that cover private-sector workplaces and may impose requirements beyond federal OSHA standards.
