An administrative judge provided a quote that was taken against a behavioral hospital containing the fact that the US Secretary of Labor failed to show that the hospital violated the general obligation clause.
In Secretary for the Work Against HRI Hospital Inc Drive / b / Arbor-HRI Hospital The Judge held on Friday that HRI Hospital Inc., based in Brookline, Massachusetts, provided sufficient evidence that it took measures to adequately protect their employees from being physically assaulted by the patients  and dismissing the Work Environment Committee's quote.
HRI is a 62-bed hospital for behavioral health. Patients are referred to the facility if they cannot be treated in a less restrictive environment.
OSHA received a complaint about aggressive measures that patients had received staff and a supervisor visited the workplace in August 201
OSHA accused nurses and psychiatric workers of being attacked by patients who punched, kicked and scratched, and employees were injured when they suffered from soda bottles and a box that a patient took away from an agency. OSHA said HRI failed to "give every employee employment and a place of employment that is free of recognized dangers that cause or may cause death or serious physical injury".
Although HRI did not deny that its employees experienced violence and that the risk of patient violence remained in the facility even though he had reduced work, the administrator judge found that the secretary did not show that HRI failed to take possible mitigation measures.  The judge noted that HRI documented, tracked and trended incidents of violence against personnel and had training and written policies to ensure that employees recognized the risk of violence in the patient at the staff. The judge also found that HRI's training includes personal defense tactics, a system that allows staff to immediately get help when they do not cope with a patient's aggression itself and hand-held emergency communication devices.
Although the secretary argued that HRI would have employed security personnel, the judge found that the secretary failed to clarify what was meant by "security personnel" and noted that the hospital took immediate action to remove dangers – such as replacing all agencies with cubbies – after the box . The judge held the fact that incidents occurred "do not show that HRI failed to adopt feasible means of reduction."
HRI refused to comment, and its lawyer did not immediately request a comment.