Department of Labor investigation finds home care agency failed to protect workers against workplace violence

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Acting Secretary of U.S. Labor Julie A. Su. | https://www.dol.gov/agencies/osec

Department of Labor investigation finds home care agency failed to protect workers against workplace violence

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The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has concluded an investigation into the death of a licensed practical nurse, Joyce Grayson, during a home visit in Willimantic, Connecticut. The investigation found that Elara Caring, one of the nation's largest home-based care providers, failed to protect its employees from workplace violence.

OSHA cited Jordan Health Care Inc. and New England Home Care Inc., both operating as Elara Caring, for not implementing adequate measures to safeguard employees from the dangers of workplace violence. OSHA Area Director Charles D. McGrevy in Hartford, Connecticut, stated, "Elara Caring failed its legal duty to protect employees from workplace injury by not having effective measures in place to protect employees against a known hazard and it cost a worker her life."

The agency recommended that Elara Caring develop and maintain a comprehensive workplace violence prevention program, including elements such as management commitment, hazard prevention and control, training and education for employees, and solicitation of employee feedback. OSHA also suggested specific actions Elara Caring could take to reduce the risk of workplace violence, such as performing root cause analyses on incidents, providing comprehensive patient background information to clinicians, and implementing safety procedures for high-risk patient visits.

Elara Caring, which operates in 17 states with over 200 branches, now faces $163,627 in proposed penalties and has 15 business days to comply, request an informal conference, or contest the findings before the Occupational Safety and Health Review Commission.

The Bureau of Labor Statistics reported 849 U.S. workers died in workplace violence incidents in 2022, highlighting the importance of protecting employees against such risks. Employers, especially in healthcare and social service sectors, are urged to prioritize workplace safety and implement comprehensive violence prevention programs to ensure the well-being of their workforce.

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