California OSHA finds workplace safety violation at Fremont; UHS loses multiple appeals

On Dec. 19, 2012 Fremont Hospital was cited by California OSHA alleging serious violations based on “a rising level of patient attacks and that [Fremont] lacked adequate safeguards for employees” resulting in a proposed $560 fine. Fremont Hospital unsuccessfully appealed that citation to an Administrative Law Judge and later to the OSHA Appeals Board. Fremont then filed suit in California Superior Court to have the citation and fine vacated. The Superior Court ruled against Fremont Hospital, finding that there was “substantial evidence to support the conclusion that the employees were in a zone of danger […and Fremont] did not have a effective policies in place to address assaults in isolation.”