Federal Judge Finds Florida Behavioral Healthcare Center Exposes Employees to More than 50 Attacks

Federal Judge Finds Florida Behavioral Healthcare Center Exposes Employees to More than 50 Attacks

UHS of Delaware Inc. and Premier Behavioral Health Solutions of Florida were both fined for not protecting workers.

Workplace violence exposure was determined by a federal administrative law judge at a Bradenton behavioral healthcare center. The center and its management company exposed its workers to more than 50 attacks in a two-and-a-half-year period “when residents kicked, punched, bit, scratched, pulled and used desk scissors as a weapon, and that both entities deserve to be sanctioned for destroying surveillance videos,” according to a press release.

In a 170-page decision, the U.S. Department of Labor Law Judge Dennis Phillips found UHS of Delaware Inc., a hospital management company, and Premier Behavioral Health Solutions of Florida Inc. exposed employees to workplace violence and allowed destruction of videos showing evidence of violence at the facility. Premier operates while UHS manages Suncoast Behavioral Health Center in Bradenton as well as more than 300 other behavioral facilities nationwide.

The judge’s decision follows the OSHA investigation at Suncoast in 2017 when a patient stabbed an employee with scissors. OSHA came to the conclusion that both UHS of Delaware and Suncoast exposed employees to workplace violence that included physical assaults and attacks on staff. OSHA cited Premier Behavioral Health Solutions and UHS for proposed penalties of $71,137.

“Violence, particularly against healthcare workers, is a leading cause of injury in the workplace. The U.S. Department of Labor will pursue all available legal actions to hold employers accountable and ensure they take all feasible steps to keep employees safe,” said Regional Solicitor Tremelle Howard in Atlanta.

A 13-day hearing on the merits was conducted by the department’s Regional Office of the Solicitor in Atlanta in April and August of 2019. Department attorneys determined that between January 2016 and July 2018, at least 55 incidents of patients attacking staff occurred.

Judge Phillips assessed a penalty of $12,934, in addition, the judge ordered employers to pay $9,600 in attorney’s fees as a sanction for video surveillance destruction evidence.

The judge found that UHS and Suncoast should implement abatement measures, including:

• Developing and implementing a comprehensive workplace violence program.

• Hiring staff with specialized training in security to be available on all shifts and on all units for the sole purpose of monitoring patients and responding to acts of patient aggression.

• Performing practice drills on how to respond to acts of patient aggression and reconfiguring the nurse’s station so patients are not able to jump over or into it.

This was the fourth trial against a UHS Inc. subsidiary brought by Regional Solicitors’ offices and the second in which the Solicitor of Labor and OSHA named UHS of Delaware as an employer in addition to the subsidiary facility.

Under the OSHA act of 1970, employers are responsible for providing a safe workplace for their employees.

About the Author

Shereen Hashem is the Associate Content Editor for Occupational Health & Safety magazine.

Product Showcase

  • Safety Knives

    The Safety Knife Company has developed a quality range of safety knives for all industries. Designed so that fingers cannot get to the blades, these knives will safely cut through cardboard, tape, strapping, shrink or plastic wrap or a variety of other packing materials. Because these knives have no exposed blades and only cut cardboard deep, they will not only protect employees against lacerations but they will also save product. The Metal Detectable versions have revolutionary metal detectable polypropylene knife bodies specifically for the food and pharmaceutical industries. This material can be detected and rejected by typical detection machines and is X-ray visible. Read More

  • Preventative Heat Safety

    Dehydration and heat exposure impair physical and cognitive performance. Proper hydration boosts heat stress resilience, but hydration needs are highly individualized and hard to predict across a workforce. Connected Hydration® empowers industrial athletes to stay safe through behavioral interventions, informed by sports science, and equips safety teams with critical insights to anticipate high-risk situations and adapt to evolving environmental factors. Curious about applying the latest in sports science based hydration strategies for industrial athletes? Stop by booth #1112 at AIHA or schedule a free demo today at https://epcr.cc/demo. Read More

  • 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

Featured

Artificial Intelligence