DOL Sues Dentist for Firing Worker who Complained about Needlestick Hazards

According to the complaint, the employer discharged a dental assistant who raised concerns about an office procedure that required workers to remove protective caps from contaminated needles before putting the needles in disposal containers for sharps.

  • Sep 24, 2011

The U.S. Department of Labor has sued a Beverly, Mass., dentist, N. Terry Fayad, and his practice for allegedly firing an employee for raising concerns about needlestick hazards and filing a health hazard complaint with OSHA.

"No employer should ever treat employees this way," said Marthe Kent, OSHA's New England regional administrator. "Workers have the right to perform their jobs without being exposed to life-threatening hazards as well as the right to raise concerns when faced with such hazards. The Labor Department will take all appropriate legal steps to ensure these rights are enforced."

According to the complaint filed in U.S. district court in Boston by the department's Office of the Regional Solicitor, Fayad discharged a dental assistant in November 2010 after the employee raised concerns about an office procedure that required workers to remove protective caps from contaminated needles before putting the needles in disposal containers for sharps. This procedure exposed the employees to injury and possible infection by bloodborne pathogens such as hepatitis and HIV.

The lawsuit seeks the employee's reinstatement, payment of lost wages, benefits, interest, and compensatory and punitive damages. The suit also seeks to enjoin Fayad from violating the Occupational Safety and Health Act in the future.

A separate OSHA health inspection of the dental practice begun on Nov. 23, 2010, resulted in Fayad being cited for eight alleged serious violations of the agency's bloodborne pathogen and hazard communication standards, including having employees remove the caps from contaminated needles. Fayad has contested those citations and the accompanying $26,400 in proposed fines to the independent Occupational Safety and Health Review Commission.

Product Showcase

  • Glove Guard® Clip

    Safety should never be compromised, especially when it comes to proper glove usage. The Glove Guard® clip enhances safety by encouraging employees to keep their gloves with them at all times. This reduces the risk of accidents and injuries on the job. By ensuring everyone has their gloves readily available, we help promote a culture of safety and efficiency. The Glove Guard® clip is designed to withstand the toughest work environments. Constructed from robust materials made in the USA, it can endure extreme conditions, including harsh weather, and rigorous activities. Read More

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

  • Safety Shower Test Cart

    The Safety Shower Test Cart speeds up and simplifies emergency shower tests, ensures you stay in compliance with OSHA regulations, and significantly reduces testing costs. With 7 unique features, the cart makes testing easy, effective, and efficient. You can test water clarity, flow, temperature, and spread—all at the same time! Most safety shower testing kits create a mess, take too much time to use, and don't fully help you stay in compliance with OSHA & ANSI standards. Transform the way you test emergency showers with Green Gobbler Safety. Read More

Featured

Most   Popular

Artificial Intelligence