Workplace violence prevention - Montana

Montana law requires that if a health care worker suffers an act of violence while on duty, the employer must ensure that the employee and any other employees who witnessed the act provide an oral report of the incident as soon as possible (no more than 24 hours after the occurrence). If the affected employee consents, the employer shall report the event to law enforcement.

After the employer receives an oral report of a workplace violence incident, the employer must produce a written report that includes the following:

• Health care employer’s address, phone number, and name of contact person;
• Name, address, phone number, and job title of the affected employee(s);
• Name, address and phone number of the person who committed the violent act(s), if known;
• A description of the act(s) of violence that occurred.

The employer must keep a copy of the written report for five years. Copies of such reports must be provided to the Department of Justice on a quarterly basis, or upon request by the Department.

The written report is not considered protected health care information and must be kept separate from a patient’s medical record.

The Department of Justice must compile an annual report based on the written reports it receives regarding workplace violence in health care and publish the report on its website.

Related information

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• Workplace violence in retail - ezExplanation

Citations

• M.C.A. 39-2-221
• 29 USC 654 — Duties of employers and employees (General Duty Clause)