Employment Safety And Laws

The health and safety of health care employees is guarded by the federal agency called the Occupational Safety and Health Administration (OSHA). This watchdog agency provides for the physical safety of employees regarding training, equipment, exposure, and disposal of waste. Safety Data Sheets (SDS) help medical personnel use and dispose of chemicals that are known to be harmful. Medical offices are required to keep a record of harmful products and supplies on the premise as a reference for all staff. OSHA has mandated safety by requiring employers to provide personal protective equipment (PPE) such as gloves, safety needles, sharps containers, eye wash stations, an exposure plan, and biohazardous warning labels. OSHA regulations are laws. Compliance with OSHA means protecting patients and staff from exposure to unsafe conditions. Breaking OSHA guidelines can lead to employee injury, fines, or penalty for the employer.

The Civil Rights Act of 1964 makes it illegal to discriminate against anyone on the basis of race, color, religion, nationality, or ethnic origin. The Age Discrimination Act protects the employment of persons in the age range of 45–60 against unlawful discharge or termination.

The Americans with Disabilities Act allows access to jobs and facilities for the physically challenged that are qualified to do a job. No employer is required to hire a disabled person if the candidate is not qualified for a reason other than the disability. However, an employer is required to make physical accommodations for a qualified individual with a disability. These benefits accommodate disabled patients and also promote hiring a diverse population of persons.

The Fair Labor Standards Act regulates the minimum wage and standardizes the number of hours an employee is allowed to work. Fair labor practices require overtime pay for some categories of employees.

The Social Security Act provides for disability and retirement compensation, survivor benefits, and Medicare for those over 65 years of age.

ERISA stands for Employee Retirement Income Security Act and protects pensions.

The Family and Medical Leave Act allows workers to take unpaid time off from their jobs to deal with serious family and health issues without jeopardy to their job. There are limitations to the amount of unpaid leave.

Health Information Portability and Accountability Act (HIPAA) of 1996 provides national standards to protect the privacy of personal health information and standards for electronic health care transactions. This act has provided tools and funding dedicated to the investigation and prosecution of health care fraud. In excess of $700 million has been refunded to state and federal governments as a result of this act.

COBRA insures that persons changing jobs do not lose insurance.

The Fair Credit Reporting Act of 1977 allows patients to see their credit reports.

The Equal Credit Opportunity Act prohibits discrimination against extending credit based on race, sex, gender, religion, or marital status.

The Consumer Protection Act of 1960 or “Regulation Z” requires that if more than four extended payments will be made, the contract must be in writing.

Fair Debt Collection Practice Act requires that collectors must contact debtors between 8:00 a.m. and 9:00 p.m., Monday through Friday. Privacy must be protected by not leaving messages or calling people at work. Threats or vulgar language cannot be used.

Workers’ compensation is coverage for the bills incurred because of an injury on the job. This is the only case in which the medical information does not belong to the patient. Information specific to the claim belongs to the company that is covering the injury.