Орегонский OSHA предложил новые правила предотвращения насилия на рабочих местах в сфере здравоохранения

- within Employment and HR topic(s) - in United States - with readers working within the Media & Information industries - within Litigation and Mediation & Arbitration topic(s) - with Senior Company Executives, HR and Inhouse Counsel Oregon OSHA has proposed a new workplace violence prevention rule to align Oregon OSHA regulations with statutory changes addressing violence in healthcare settings. Specifically, the rule would implement provisions of Senate Bill 537, enacted in 2025, which imposes workplace violence prevention requirements on specified healthcare employers. The proposed rule addresses covered employers’ obligation to conduct periodic security and safety assessments to identify workplace violence hazards, develop and implement a workplace violence prevention and protection program, and provide workplace violence prevention and protection training annually. The rulemaking would adopt a new standard, OAR 437-002-0150, Workplace Violence Prevention for Healthcare Employers, and amend Oregon OSHA's discrimination complaint and healthcare workplace violence recordkeeping rules. A period of public comment on the proposal remains open through August 31, 2026. Expansion of Workplace Violence Protections The proposal reflects the broader workplace violence protections enacted through SB 537. The proposed rule expands the concept of workplace violence beyond physical assaults to include: - Acts or threats of physical violence; - Harassment; - Intimidation; - Assault; - Homicide; and - Other threatening behavior occurring in the workplace. The legislation also expanded the scope of coverage beyond hospitals and ambulatory surgical centers to include licensed home health agencies and home hospice programs. During public hearings in August 2026, Oregon OSHA stated that it estimates the proposed rule would apply to approximately 62 hospitals, 91 ambulatory surgical centers, 65 home health agencies, and 74 home hospice programs currently operating in Oregon. Key Requirements of the Proposal If adopted in its current form, the proposed rule would require covered healthcare employers to: - Conduct periodic security and safety assessments to identify workplace violence hazards; - Develop and implement a workplace violence prevention and protection program; - Provide workplace violence prevention and protection training annually; - Consult with internal safety committees or employees regarding workplace violence prevention efforts; - Investigate, collect, and report information regarding workplace violence incidents; - Maintain workplace violence records using updated definitions and reporting categories; and - Comply with anti-retaliation protections covering employees who report healthcare assaults or workplace violence incidents. In addition, Oregon OSHA proposes to amend its discrimination complaint rule to clarify that employees may file a complaint if they believe they have been discriminated against for reporting a healthcare assault or other workplace violence incident. Limited Opposition Focuses on Scope of Training Requirement The proposal appears to have generated relatively little opposition during the rulemaking process. At a mid-August public hearing, a representative speaking on behalf of the Oregon Chapter of the American College of Emergency Physicians (OR-ACEP) stated that OR-ACEP and the Oregon Medical Association had submitted joint written comments regarding the proposal. Importantly, OR-ACEP did not oppose SB 537 or workplace violence prevention efforts generally. OR-ACEP did, however, express concern that Oregon OSHA's proposed rule may require healthcare workers to attend workplace violence prevention training, arguing that the underlying statute was intended to require employers to offer training rather than mandate employee participation. How Oregon Compares to Federal OSHA and Other States SB 537 and the Oregon OSHA proposed rule place Oregon among a steadily growing number of states with varying kinds of healthcare-specific workplace violence prevention requirements. Unlike Oregon's proposal, federal OSHA currently does not have a healthcare-specific workplace violence prevention standard. Instead, federal OSHA relies on the General Duty Clause, decisions before the Occupational Safety and Health Review Commission, and nonbinding guidance encouraging employers to implement workplace violence prevention programs, conduct risk assessments, provide training, investigate incidents, and develop other programs or procedures in accordance with applicable ANSI standards. Many states have gone further by adopting various kinds of healthcare-specific workplace violence prevention requirements, including but not limited to California,1 Washington,2 Minnesota, Virginia, and New Jersey.3 Oregon's proposal most closely resembles California's approach because the state OSH agency rulemaking seeks to implement requirements initially set forth in an earlier legislative action and to create a dedicated OSHA standard that directly regulates workplace violence prevention activities in healthcare settings. Takeaway The proposed rule would significantly expand and formalize workplace violence prevention obligations for Oregon healthcare employers by creating a dedicated OSHA standard addressing workplace violence risks. This means that failing to act in accordance with whatever final standard is adopted imposes the risk of receiving a citation(s) from Oregon OSHA, which carries future compliance or third-party litigation issues, depending on the circumstances that gave rise to the citation(s). While healthcare employers generally appear to support the underlying goal of reducing workplace violence, the principal issue raised during the rulemaking process so far concerns whether Oregon OSHA's proposed training requirement goes beyond what the legislature required in SB 537. Littler will continue to monitor this Oregon OSHA proposal. Oregon healthcare employers should remain attentive and contact their employment counsel to consider opportunities to participate during the notice and comment period, as well as be prepared for potential compliance, should the proposal complete the regulatory rulemaking process. Footnotes 1. As required by 2023’s SB 553, Cal/OSHA is also pursuing a rulemaking to reflect current statutory requirements for general industry, but those requirements do not apply to healthcare employers that have already been subject to the Cal/OSHA requirements that have existed since 2017 under 8 C.C.R. §3342. 2. The Washington State Department of Labor & Industries is also pursuing rulemaking reflecting the current statutory requirements to facilitate enforcement by L&I under a final rule, rather than enforcing the statute under DOSH Directive 5.07. 3. This list is by no means all-inclusive. Numerous other states have laws or regulations for certain kinds of healthcare entities, such as hospitals or other providers as defined in the different state laws, that impose requirements intended to help prevent workplace violence in such settings. There are also a number of states in which similar legislative and/or regulatory proposals are under consideration. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. [View Source]