Total Health Law Blog
Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. They are unique practices in that they involve medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this medical spa series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.
This post in the Medical Spa Series focuses on General OSHA standards. The next post outlines the most common OSHA violations for medical practices. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.
The Occupational Safety and Health Administration (OSHA) is part of the United States Department of Labor of Labor. 22 states have a OSHA-approved State Plans covering private sector and state and local government works, 7 states have OSHA-approved State Plans covering only state and local government workers, and the rest of the states operate under federal OSHA jurisdiction. “State Plans,” OSHA.gov. Georgia is under federal OSHA jurisdiction covering most private sector workers (not state and local government workers).
The OSH Act of 1970 requires:
(a) Each employer –
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
Many business owners equate OSHA with injury-prone jobs like construction, however, medical spas are Health Care and Social Assistance business (NAICS Code 62). General employer responsibilities are listed on OSHA’s website available here. Some key responsibilities include:
- Use color codes, posters, labels or signs to warn employees of potential hazards.
- Establish or update operating procedures and communicate them so that employees follow safety and health requirements.
- Post, at a prominent location within the workplace, the OSHA poster (or the state-plan equivalent) informing employees of their rights and responsibilities.
Different businesses must comply with specific OSHA standards. Some specific requirements generally standards applicable to med spas include Bloodborne pathogens; hazard communication; recordkeeping; slips, trips and falls; tuberculosis; workplace violence; and laser safety. A forthcoming blog post will discuss common violations of medical practices.
If you have questions regarding this blog post or would like to speak with counsel regarding structuring your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.
*Disclaimer: Thoughts shared here do not constitute legal advice.