A new, federal database has volatile, twofold potential: as a tool to help providers make safety changes — and as a searchable dashboard that aids those looking to stir up trouble for operators, according to a legal expert.
The Occupational Safety and Health Administration launched its Severe Injury Report dashboard, which is an interactive platform that can be searched for all serious injury reports filed with OSHA since 2015. It can be searched by industry, down to the skilled nursing facility level.
The dashboard, released Wednesday, could benefit providers, J. Michah Dickie, attorney-at-law at Fisher & Phillips LLP, told McKnight’s Long-Term News on Friday.
“The transparency and awareness of having this data readily available is a great resource for senior living providers who want to take a close look at what’s going on in their industry in an effort to effect change and ultimately make their companies safer for everyone,” he said, adding that the data does not indicate fault.
However, it also could be used to benefit those who see nursing homes as target-rich environments for legal issues.
“Unscrupulous plaintiffs’ attorneys, community activists, and union organizers could use OSHA’s new Severe Injury Report dashboard to target specific employers,” Dickie pointed out. “Taken out of context, the information on the dashboard may lead to further provider scrutiny, even for those that made great efforts in workplace safety and health.”
OSHA now requires employers to submit electronic records regarding workplace injuries and illnesses from the forms to log, summarize and report incidents except for the employee’s name, address, treating healthcare professionals, and information about off-site treatment.
In 2023, the top five events for nursing homes included four different types of falls involving tripping over oneself or an obstacle or slipping. The fifth most frequent event was due to “hitting, kicking, beating, shoving.” Each entry includes the name and address of the facility, the date of injury, a brief description of the incident, and the body part or parts involved.
In total, there are more than 500 reports filed under the NAICS code for skilled nursing facilities, reaching back to 2015. In 2023, there were 44 severe injury reports and 43 workers required hospitalization as a result of injuries sustained at their place of work.
Dickie said that providers are required to report work-related injuries “that OSHA considers work-related regardless of employer-fault,” meaning that incidents reported on the database could be due to injuries sustained before an employee clocks in for a shift.
