The operators of a behavioral health care facility in Attleboro, Massachusetts have recently been ordered to pay $30,515.63 in legal fees after failing to comply with an Occupational Safety and Health Administration (OSHA) issued subpoena for video footage of violent incidents involving employees.
UHS of Fuller Inc. and UHS of Delaware Inc. were found in a federal court on Oct. 21 not to have a “substantially justified” reason for opposing the subpoena, a U.S. Department of Labor (DOL) press release said. The companies were ordered to pay for attorneys’ fees incurred by the DOL in responding to the arguments as well as comply with the subpoena issued.
“The court made clear that there can be significant consequences for a recipient that opposes OSHA subpoena compliance without substantial justification,” Regional Solicitor of Labor Maia Fisher in Boston said in the release. “The law makes a clear distinction between good-faith arguments and those that lack merit.”
Fisher added that care facility employers choosing not to abide by the law “should expect to be held accountable.”
OSHA is authorized to issue subpoenas during an inspection by the Occupational Safety and Health Act of 1970. Failing to comply allows OSHA to bring the matter to federal district court. The decision reached in Massachusetts “affirms that recipients who oppose such investigative requests without substantial justification can face significant and costly consequences,” the release said.
“OSHA’s mission is to seek to ensure a healthy and safe workplace for every employee,” OSHA Regional Administrator Galen Blanton in Boston said in the release. “To do that, OSHA must be able to obtain and evaluate all evidence that illustrates a workplace’s potential hazardous conditions. The court’s decision supports this.”