Long ago and far away, I developed a simple compliance program that funeral homes could use. I even incorporated under the name KISS Compliance Network, KISS being the acronym for “Keep it Simple Stupid”. Today the name and acronym are still there but the truth is that simple compliance no longer exists.
Nothing about the requirements set out in the “Needlestick Safety and Prevention Act” are simple. The “Act” became law in November of 2000. Thirteen years later few funeral homes even know about it. We who do write about compliance matters avoid writing about it. It does not lend itself to a simple explanation.
It is apparent that the “Act” was intended for healthcare employers, and in particular those with a sizeable workforce. While that may have been the intent the requirements are not limited to healthcare, nor do they exempt the small workplace. It is one thing to have a hospital staff of non-management nurses meet in an organized manner and quite another when the non-management staff with needle exposure at a funeral home consists of Sarah and Bill.
The what, where and why of the “Act” is that some firms are being hit with citations and four figure fines. It all could be avoided if Sarah and Bill had only signed off on the needlestick policy. To be fair, Sarah and Bill would have had to conduct tests for safe needle devices or related infection control products in each of the last 13 years. I don’t have to get into how the devices are chosen, how long they are tested, what kind of written analysis is required. Anyone can tell the “Act” fails the “KISS test” big time. It is beyond “not simple”. It is downright complicated.
The Needlestick Safety and Prevention Act is just one of many regulations that have spoiled my plan to keep compliance simple. We have a new hazard communication standard. OSHA, for whatever reason calls it a modified standard but trust me, there are enough modifications to make it “new” in my book. Just the title, “Global Harmonized System of Classification and Labeling of Chemicals” is enough to trip over. For the next 30 months, we are in a transition phase. Let me explain. You are subject to both the old and the new standard for the next two and half years.
Tip to OSHA, the next time you implement a new standard…implement the blasted thing. Don’t tease us with a three year come on where both old and new regulations are applicable. This is just human nature. Can you imagine Bill telling his girlfriend Jane that he has decided to break it off? He tells her that in order to make it easy, he will institute a three year transition period for the break-up. During this time, he will date her and also date his new girlfriend Sue. At the end of the three years, he would drop Jane and date Sue exclusively.
No one I know thinks that way, but this is what OSHA does day in and day out. It’s one of the ways they make what should be rather easy, anything but…Is anyone reading this actually surprised that our government fumbled a website they had three years to build? Well you shouldn’t be. Just remember that it’s government work.
Today’s OSHA is more complex. Our annual renewal training for 2014 was three hours. That was a record for us. It’s indicative of what is required by an employer. I don’t see it reversing. My feeling is that it will get even worse. While the volume of inspections was down in 2013 there were a number with four and five figure fines. I am advising everyone to get compliant, then work like the dickens to stay compliant. That’s what it takes today.