The Occupational Health and Safety Act applies directly to all employers, with the exception of federal institutions and the Länder or political subdivisions of the Länder. This Act applies to all workplaces, except those for which other federal agencies and certain government agencies (such as the Atomic Energy Commission) exercise the legal authority to establish and enforce occupational safety and health standards and regulations. The Occupational Health and Safety Act came into force on December 29, 1970. Its objective is to ensure safe and healthy working conditions for the country`s workers and to preserve human resources. The Act delegates certain important responsibilities and powers to the Ministry of Labour: to enact, amend and improve mandatory occupational safety and health; establish rules for keeping accurate records; production and maintenance of occupational safety and health statistics; the establishment and monitoring of training programmes for workers and employers; and subsidies to States. It is your responsibility as an employer to ensure that your employees can work in an environment that does not compromise their well-being. It is important to understand the Occupational Health and Safety Act and to work with a lawyer who specializes in this area. This ensures that your business complies with the law and protects you from trouble. While this is the right thing to do to keep your company`s workplace safe, there are also many benefits associated with it. Not only does this help you avoid legal trouble, but it also improves productivity, morale, and employee retention.
It also often has a significant positive impact on your company`s financial performance. If you think the working conditions are unsafe or unhealthy, you can always file a complaint with OSHA about a dangerous work condition. If possible, inform your employer of the conditions. If the condition clearly poses a risk of death or serious bodily harm, OSHA does not have sufficient time to inspect, and an employee has brought the condition to the attention of the employer, the employee may have the legal right to refuse to work in a situation where he or she would be exposed to danger. If you have questions about what to do, contact your local OSHA office. We will treat your data confidentially. We`re here to help. Companies with robust workplace safety procedures and associated records often benefit enormously from their insurance. Each company`s compensation premium is generally based on: improving the health and safety of all workers by reducing exposures, hazards, illnesses, injuries and fatalities. In particular, the increased complexity of the COVID-19 pandemic has had a major impact on health care laws this year. Check out our overview of seven legal issues that providers and administrators should be aware of in 2021.
2020 was quite a year for telemedicine law; The already growing field of law has grown exponentially, with exemptions to remove barriers to telemedicine payments, measures to protect patients, and audits to reduce pending fraud. Expect further expansion of telemedicine in 2021. Starting with the Medicare & Medicaid Services (CMS) list of Medicare telehealth services, make sure your billing staff is up-to-date and aware of the codes, both permanent and temporary, that can be used to report telehealth services. Demonstrate the need for additional safety equipment (e.g. respirators, protective devices, etc.). The Department of Justice (DOJ) recovered more than $2.2 billion in settlements and judgments related to the False Claims Act (FCA) in 2020, including $1.8 billion related to the health care sector. The CFA is the foundation of the fight against health fraud and the civil law tool for the DOJ to resolve false claims for federal funds. The 2020 measures involved drug and medical device manufacturers, managed care providers, hospitals, pharmacies, palliative care organizations, laboratories and physicians. Here are the trends in CFA`s regulations so far this year and are expected to continue: Long-term care facilities, nursing homes and skilled care facilities have been hit hard by the COVID-19 pandemic and, as a result, new federal guidelines and requirements to ensure quality of care for these facilities. Since March 2020, almost all care facilities have undergone targeted inspection by CMS. These will continue throughout 2021 and providers need to understand the evolution of CMS guidance.
As mentioned above for telemedicine providers, LTC and care facilities should consult the CMS COVID-19 General Emergency Declaration Waivers for Health Care Providers. A number of general exemptions that excluded certain requirements for nursing homes have expired and these requirements are now in effect. Providing a safe work environment for healthcare workers has always been important, but today, in the age of COVID-19, it`s even more important.