Healthcare organizations of all sizes and types have to meet stringent regulatory requirements. This means they have to thoroughly train their employees, ensure they’re documenting this training within a certain period of time, and conduct risk assessments.
Below, we provide an overview of OSHA and HIPAA training requirement details, and some of the key questions organizations may have to give a sense of clarity.
An Overview of HIPAA Training
According to the HIPAA Privacy Rule, effective training is necessary for employees to carry out their roles and functions. That doesn’t mean that everyone is trained in the same way. Some employees, for example, may only have fairly limited involvement with Protected Health Information.
Most commonly, training should occur on identifying what constitutes PHI, the minimum necessary rule, and training on how and when PHI can be disclosed. The importance of confidentiality is a fairly universal training topic too, and many employees who are part of covered entities may be trained on patient rights and authorizations.
- The overall focus of HIPAA is on providing patient privacy in a medical practice or health care facility.
- The goal is to prevent unauthorized access to any personal demographic information of patients.
- Privacy training is the main objective of any regulatory requirement related to HIPAA.
- Training is required via the HIPAA Security Rule, but there should be documentation and employee attestation of training.
- Some providers and facilities have an unfortunate misconception that training is a suggestion. Training is a requirement, and if you don’t provide it, you need to have a viable documented reason for not doing so.
A good rule of thumb for all HIPAA training is to provide a why to employees. Don’t just give employees the facts—explain how the rules and regulations protect people and reduce risks.
Understanding OSHA
The Occupational Safety and Health Administration Act of 1970 sets forth the requirement to provide safe, healthy working conditions by enforcing standards the Act outlines.
- OSHA training is required for all healthcare employees.
- This includes doctors, nurses, administrative workers, and part-time employees.
- Topics range and may consist of protective equipment, medical waste management information, following an exposure control plan, reducing the risk of exposure, handling hazardous chemicals, and how to deal with other workplace hazards.
- Within ten days of hire, new employees must complete an OSHA training program.
- Under the Occupational Safety and Health Act or OSH, employers are responsible for providing a safe workplace.
- Healthcare professionals have to run a practice without serious recognized hazards. They must go over workplace conditions to meet all OSHA standards that apply.
- The healthcare worker is responsible for following the safety rules set forth by the employer.
- The employer holds the responsibility for the development and enforcement of the rules.
According to OSHA, training for healthcare professionals has to be accurate.
- Accuracy means all training materials should be prepared by someone qualified, and they should be updated as necessary.
- Healthcare professional OSHA training should include people with experience using updated techniques, materials, and methods.
- The training facilitators should be credible, meaning they have a health and safety background or are subject matter experts in a related area.
- Training should be clear, which means that a healthcare professional can easily understand it.
- There should be an element of practicality in OSHA training to ensure that it resonates and is retained by employees.
- Practical training should include information that employees see as directly relevant to their lives and jobs.
- In some cases, online training courses may be more useful and relevant to employees, particularly as it relates to specific topics.
Common Questions About OSHA and HIPAA Training Requirements
The following answers three of the more commonly asked questions about OSHA and HIPAA training requirements.
1. How Often Do OSHA and HIPAA Training Have to Be Conducted?
According to OSHA standards, specific guidelines address the required frequency of training.
- Some standards state that training must occur no later than 12 months from the date of the last training, while others will say training must be performed at least annually.
- Despite the differences in wording, this all comes down to OSHA training must be completed annually.
- OSHA interprets regulations to mean that re-training must be provided to employees at least every 12 months.
- The training doesn’t have to take place on the exact anniversary date of previous training but should be reasonably close.
- If there’s a reason annual training can’t occur by the anniversary date of the previous training, the employer should keep a record of why the training was delayed and when it will be provided.
There may also be situations where more frequent training is needed. Examples when this might occur include when previous training wasn’t complete or if an employee didn’t fully understand all training and implications.
- According to the Security Rule for HIPAA training, it’s required periodically.
- Most healthcare organizations and providers take this to mean annually.
- Best practices require HIPAA training on an annual basis, but some providers opt to do shorter sessions more frequently to reduce risks and increase compliance.
- HIPAA training should also occur if there’s a change in technology or practices within the working environment.
- There should be new training when The Department of Health and Human Services issues new guidelines. This makes monitoring HHS and state publications important to identify advance notice of rule changes.
2. Who Is Required to Meet the OSHA and HIPAA Training Requirements?
OSHA training is required for all health care employees, including doctors and nurses, dental practice staff, and administrative staff. When a new employee comes on board in any capacity, OSHA training must be complete within ten days.
According to HIPAA regulations, covered entities and business associates have to train their workforce if they handle Protected Health Information (PHI). Doctors, nurses, and administrative staff require training, which is true in even small offices.
Anyone who comes in contact with PHI needs training and not just direct healthcare providers.
According to the Privacy Rule, training must be appropriate and necessary for the employees to carry out their functions. As mentioned above, not every employee must be trained in the same way.
This can get complex for the provider because they have to customize training to the employee and their role.
3. Do You Have to Keep Proof of Training?
OSHA inspectors will often request employers produce certain documentation, and these can include documents confirming employees meet annual training requirements.
Detailed recordkeeping is a necessity for all compliance training. When you have a recordkeeping system, you simplify tracking and documenting training, and it can also help you figure out what training is needed and when. If you undergo an OSHA inspection, these training records will be reviewed.
There isn’t a single OSHA requirement for every training record applying across all situations. Some rules don’t have any record requirements, but that doesn’t mean you shouldn’t keep them anyway.
For OSHA, when keeping training records, they should include dates and content of training, the name and qualifications of the trainers, and the names and titles of those individuals who attend.
Plan to maintain employee training records for at least three years. Finally, you should similarly keep records of training for HIPAA, regardless of whether or not it’s required.
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