Workplace violence prevention - Oregon

Oregon law requires certain health care employers (hospitals and ambulatory service centers) to:

• Conduct periodic security and safety assessments to identify potential hazards for assaults against employees. This should include measuring the frequency of assaults committed against employees and identification of the causes and consequences of such assaults.
• Develop and implement an assault prevention and protection program for employees. Security considerations that should be addressed include:
  • Physical attributes of the health care setting;
  • Staffing plans, including security staffing;
  • Personnel policies;
  • First aid and emergency procedures;
  • Procedures for reporting assaults.
• Provide assault prevention and protection training for employees on a regular and ongoing basis. Training must be provided for new employees within 90 days of the employee’s hiring date. The training should include:
  • General safety and personal safety procedures;
  • Factors that predict assaultive behaviors;
  • Escalation cycles for assaultive behaviors;
  • How to obtain a medical history from a patient with assaultive behavior;
  • Strategies for avoiding harm and minimizing the use of restraints;
  • Self-defense techniques;
  • Procedures for documenting and reporting violent incidents;
  • Programs and resources for post-incident counseling and coping with assaults.
• Establish a process by which the employer’s workplace safety committee reviews the assault prevention and protection program to evaluate its efficacy at least once every two years.

Employers may not require employees who have been assaulted by a patient to provide further treatment to that patient. Employees who have been assaulted and do choose to continue treatment of the patient may request a second employee be present during treatment.

Home health care employees may refuse to treat patients if there is reason to believe that the patient may assault the employee. The employee may request a communication device that allows the employee to send messages indicating that an assault is taking place.

Employers must maintain a record of assaults against employees in the workplace and maintain those records for no less than five years following a reported assault.

Employers may not impose sanctions against an employee who acts in delf-defense against an assault in the workplace.

Related information

• Workplace violence prevention - ezExplanation
• Active shooter - ezExplanation
• Workplace violence in health care - ezExplanation
• Workplace violence in retail - ezExplanation

Citations

• ORS 654.412 through 654.423
• 29 USC 654 — Duties of employers and employees (General Duty Clause)