Elara Caring faces $163,627 in proposed penalties from the Occupational Safety and Health Administration (OSHA) following the death of a licensed practical nurse during an Oct. 28, 2023, home visit in Willimantic, Connecticut, the Department of Labor announced May 1, 2024.
 
Following its investigation, OSHA cited Jordan Health Care Inc. and New England Home Care Inc., both doing business as Elara Caring, for one willful violation under the agency’s general duty clause. OSHA cited the employer for not developing and implementing adequate measures to protect employees from the ongoing serious hazard of workplace violence. The agency also cited the employer for one other-than-serious violation for not providing work-related injury and illness records to OSHA within four business hours, as required.
 
To address workplace violence, employers should have in place a comprehensive workplace violence prevention program, according to the DOL.
 
Elements of a plan should include management commitment and employee involvement; implementation of a written program including the establishment, membership and role of a Workplace Violence Safety Committee; analysis of home environments upon new patient admission; hazard prevention and control; training and education, including resources for impacted employees; recordkeeping; and solicitation of employee feedback during the review process.
 
OSHA also found that Elara Caring could have reduced the hazard of workplace violence by, among other ways, performing root cause analyses on incidents of violence and near misses, providing clinicians with comprehensive background information on patients prior to home visits, providing emergency panic alert buttons to clinicians and developing procedures for the use of safety escorts for visits to patients with high-risk behaviors. 
 
 
Statement from Elara Caring:
 
“Joyce Grayson was a trusted friend, colleague, and mentor. We remain devastated and angered by her loss. Under the State of Connecticut's model of care, Elara Caring provides in-home health services to previously incarcerated individuals after state criminal and mental health experts have determined they are safe to live in the community. The citation that the Occupational Safety and Health Administration issued to the company is unwarranted, and we intend to contest it vigorously. 
 
To be clear, Michael Reese remained under the state’s supervision while he lived in the community and received care at his residence. Elara Caring provided services only after Connecticut’s Department of Correction, Board of Pardons and Parole, and the Judicial branch determined it was safe to put Reese back into the community.
 
The safety and wellbeing of our caregivers has, and will always be, of critical importance to Elara. We continue to enhance our safety programs as more complex care moves to the home. Governments, payers, and community leaders are actively seeking increased and expanded care into the home – particularly with regard to behavioral health services –  in underserved and rural communities. Our communities rely on our industry’s critical services, increasingly. The in-home care community is predominantly women and diverse. As care trends grow into challenging areas, with more challenging patients, we all need to work harder and smarter to keep our caregivers safe. We look forward to working with our stakeholders in recognizing these trends and coming to the table with productive solutions.”