The Occupational Safety and Health Administration (OSHA) has recently issued medical mismanagement claims to try to prove violations of the general duty clause of the Occupational Safety and Health Act (OSH Act). Employers, particularly ones with onsite medical professionals, need to pay attention to these claims and take steps to defend themselves against them.

The OSH Act's general duty clause is intended to give OSHA a means to address hazards for which no specific standard currently exists, said Ashley Meredith Strittmatter, an attorney with Baker Donelson in Knoxville, Tenn. Recent situations in which OSHA used the general duty clause include the COVID-19 pandemic, heat-related illnesses and workplace violence, she said.

Medical mismanagement claims are rare, but Patrick Joyce, an attorney with Seyfarth in Seattle, expects OSHA "will rely heavily on medical mismanagement as an avenue to approach ergonomics/repetitive motion injuries in the workplace."

The agency "has shown an increasing interest in ergonomics in the workplace, mostly in the context of warehouse, poultry and other similar workplaces," said Jon Schaefer, an attorney with Robinson & Cole in Hartford, Conn.

What Is Medical Mismanagement?

Medical mismanagement can involve employers allegedly delaying evaluation, care or treatment of injured workers by a medical provider beyond an onsite medical clinic or representative, whose performance OSHA deemed inadequate, Strittmatter explained.

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