Hospital workers are protected under the regulations set forth by the Occupational Safety and Health Administration, or OSHA, which is operated by the Department of Labor.

It is important for hospital workers to know and understand OSHA laws so that they know how they are protected, and how and when to report if their rights are violated.

What OSHA Worker’s Rights Protect Hospital Workers?

Hospital workers are protected under the regulations set forth by the Occupational Safety and Health Administration, or OSHA. Federal law guarantees that employers provide a work space “free of known health and safety hazards.”

Are EcoLab Cleaning Supplies Harmful?

EcoLab is a Minnesota-based company that manufactures products for food, energy, healthcare, industrial, and hospitality markets. Many of the products EcoLab produces are meant for cleaning and sanitizing commercial environments.

One of the most popular EcoLab cleaning supplies is an OxyCide daily disinfectant cleanser, introduced to the market back in 2013 as a non-bleach disinfectant cleaner and deodorizer for medical facilities. Indeed, these OxyCide cleaners are commonly used in hospitals, and are meant to protect patients by quickly and efficiently killing dangerous pathogens or clostridium difficile spores, which can cause a dangerous infection called C. diff, which kills thousands of people every year.

Since the outbreak of the coronavirus pandemic, use of sanitizing products such as OxyCide has become even more common. According to the U.S. Environmental Protection Agency, the cleaning product is effective at killing the contagious virus.

However, this cleaning product itself may end up posing a risk to hospital staff.

OxyCide’s active ingredients include hydrogen peroxide, acetic acid, and a combination of these known as paracetic acid (peroxyacetic acid, or PAA). While PAA is a fairly common ingredient in disinfectant products, it also a toxin. Even low levels of exposure to PAA can lead to symptoms like extreme discomfort, lacrimation, or irritation to the upper respiratory tract, while high levels of exposure can be even more severe or dangerous, causing issues like hemorrhage, edema, and consolidation of the lungs.

A growing number of hospital staff members are coming forward with reports that they are suffering from side effects after using the disinfectant product. Hospital staff have reported experiencing a number of symptoms after using OxyCide cleaners, including the following:

• Breathing problems
• Asthma-like symptoms
• Shortness of breath
• Burning throat
• Stinging and watering eyes
• Headaches
• Skin burns

Other side effects that may be linked with exposure to these cleansers include:

• Coughing or wheezing
• Chronic respiratory problems
• Cracked hands and nails
• Runny nose
• Sore throat
• Loss of voice
• Upset stomach
• Nausea
• Raw lips
• Sores

Many of these side effects reportedly clear up after the user moves to a space with fresh air and away from the cleaning product, but in other cases, certain side effects may be long term.

Indeed, one hospital worker has alleged that she has begun suffering from neurological symptoms after using OxyCide cleaning products, including tingling in her arms and fingers. Another said her symptoms were getting progressively worse, and she ended up quitting her hospital job to prevent the symptoms from getting even worse.

The National Institute of Occupational Safety and Health (NIOSH) launched an investigation into the effects of OxyCide on workers at one Pennsylvania hospital, and concluded exposure to OxyCide’s active ingredients was linked with symptoms irritation in workers. The subsequent NIOSH report recommended that hospitals do their best to reduce employees’ exposure to OxyCide. The investigation also found that OxyCide had not been properly diluted for safer use.

Although workers are recommended to wear safety gear such as goggles, aprons, and respirators when using non-diluted OxyCide, these protective items are not required when the cleaning product is used in its diluted form, which is common at hospitals and other medical centers. However, many workers claim that even in its diluted form, the chemicals in the cleaning product are able to cause unpleasant physical reactions including watering eyes, runny or burning nose, or a burning sensation in the throat.

A group of hospital workers has filed a class action lawsuit against EcoLabs, alleging that they failed to warn about these side effects associated with its cleaning products. In this lawsuit, all of the plaintiffs were hospital workers who were specifically responsible for cleaning their hospital’s facilities, and used OxyCide cleaning products as part of their job.

Penalties for OSHA Law Violations

There are severe monetary penalties for employers who violate OSHA laws. For violations that are considered “other than serious” there is a penalty of up to $7,000. Serious violations have penalties of up to $7,000, but willful violations—that is, those made knowingly—have a penalty of up to $70,000. Repeated violations may also be penalized up to $70,000. Failure to abate—when an employer fails to correct a violation—can be penalized up to $7,000 per day.

The exact amount of each of these penalties depends on the circumstances surrounding a particular violation.

Workers at at least one hospital have protested over the use of OxyCide, claiming that being required to use the chemical may violate OSHA laws. According to housekeepers at St. Joseph Hospital in Eureka, Kan., the hospital has failed to respond to complaints from workers regarding the disinfectant. Due to the medical center’s failure to switch to a different cleaning product, housekeepers staged a protest outside of the hospital in June 2018.

According to one nurse at the hospital, “It’s unacceptable that our housekeepers are being made to use chemicals that make them sick.”

Companies With OSHA Violations

OSHA has announced a number of significant penalties for companies with violations of OSHA laws. In 2017, the auto part supplier Joon LLC (doing business as Ajin USA) was cited for 23 willful violations of OSHA laws after a worker was crushed to death. OSHA alleged that the company failed to use proper procedures that would have protected the worker. Ultimately, OSHA proposed a monetary penalty of $2.6 million.

OSHA also cited a Missouri plumbing company, Arrow Plumbing, for a worker death after a trench collapsed, finding that the company didn’t provide basic safeguards against this issue—and the issue continued after the worker’s death, placing others at risk. The proposed monetary penalty here was $714,142.

Many companies have been cited by OSHA for workers that have suffered sudden physical injuries, sometimes leading to death, but OSHA laws also protect those who are exposed to harmful materials like dangerous cleaning supplies.

When to File a Complaint

If you believe your workplace is putting you in unsafe or unhealthy conditions in violation of OSHA laws, you may be able to file a complaint with OSHA and ask for an inspection. File the complaint as soon as possible after you initially notice the hazard. The complaint will be confidential, however, OSHA advises that these unsafe or unhealthy conditions should be brought to the attention of your employer if at all possible.

Oftentimes, employees are worried about what kind of retaliation they may face if they report issues at work, such as getting fired, demoted, or transferred, or any other kind of negative response. However, employees should first and foremost understand that they are legally allowed to report these kinds of issues, and are protected by whistleblower protection laws.

Join an Oxycide Class Action Lawsuit

Some hospital workers have already come forward to file class action litigation against EcoLab over health risks associated with the company’s OxyCide cleansers. The plaintiffs allege that the company negligently distributed a harmful product to consumers, and seek damages for their injuries.

Plaintiffs have alleged that exposure to OxyCide in the course of their work has led to a number of health complications, some of which have led to permanent in disabling injuries, according to their lawsuits. Despite the allegations linking OxyCide with major health problems, the lawsuits say, EcoLab continues to sell OxyCide to medical facilities all across the country without warning about these issues.

If you or someone you love has suffered from side effects caused by EcoLab cleaning supplies while working in a hospital, you may be able to file an OxyCide class action lawsuit and pursue compensation. Of course, an OxyCide class action lawsuit cannot take away the pain and suffering caused by these complications, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Pursuing litigation can be a daunting prospect, especially while dealing with medical complications, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.