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Interfacet News and Media
> Workplace Violence
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Workplace Violence
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“Whistleblower”: Compliance With Workplace Violence Prevention Program Overrides HIPAA Privacy Rights
Pursuant to a workplace violence prevention program, an employee of Bergen Regional Medical Center in Paramus, New Jersey, reported to the Health Professionals and Allied Employees Union a workplace violence incident instigated by a patient. The Medical Center suspended the employee for three days for reporting the incident. The employee filed a complaint with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). OSHA considered whether the employee’s actions violated HIPAA, a federal law which protects the privacy of individuals’ health care records and information. OSHA found that an employee may disclose protected information when reporting incidents that pose a serious threat to patients, employees or visitors. The Occupational Safety and Health Act of 1970 provides that employers are responsible for providing safe and healthful workplaces for their employees – hence, the employer had implemented a workplace violence prevention program. The OSHA Act also includes an employee protection provision, which protects employees who are punished for exercising their workplace safety and health rights. Finding that the employee’s actions did not violate HIPAA and the employee protection provision of the OSHA Act applied to the employee, OSHA reversed the employee’s suspension and ordered the Medical Center to reimburse her salary for the three days of suspension. (OSHA Regional News Release).
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