(a) Conduct periodic security and safety assessments to identify existing or potential hazards for assaults committed against employees;
(b) Develop and implement an assault prevention and protection program for employees based on assessments conducted under paragraph (a) of this subsection; and
(c) Provide assault prevention and protection training on a regular and ongoing basis for employees.
(2) An assessment conducted under subsection (1)(a) of this section shall include, but need not be limited to:
(a) A measure of the frequency of assaults committed against employees that occur on the premises of a health care employer or in the home of a patient receiving home health care services during the preceding five years or for the years that records are available if fewer than five years of records are available; and
(b) An identification of the causes and consequences of assaults against employees.
(3) An assault prevention and protection program developed and implemented by a health care employer under subsection (1)(b) of this section shall be based on an assessment conducted under subsection (1)(a) of this section and shall address security considerations related to the following:
(a) Physical attributes of the health care setting;
(b) Staffing plans, including security staffing;
(c) Personnel policies;
(d) First aid and emergency procedures;
(e) Procedures for reporting assaults; and
(f) Education and training for employees.
(4)(a) Assault prevention and protection training required under subsection (1)(c) of this section shall address the following topics:
(A) General safety and personal safety procedures;
(B) Escalation cycles for assaultive behaviors;
(C) Factors that predict assaultive behaviors;
(D) Techniques for obtaining medical history from a patient with assaultive behavior;
(E) Verbal and physical techniques to de-escalate and minimize assaultive behaviors;
(F) Strategies for avoiding physical harm and minimizing use of restraints;
(G) Restraint techniques consistent with regulatory requirements;
(H) Self-defense, including:
(i) The amount of physical force that is reasonably necessary to protect the employee or a third person from assault; and
(ii) The use of least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, and any other methods of response approved by the health care employer;
(I) Procedures for documenting and reporting incidents involving assaultive behaviors;
(J) Programs for post-incident counseling and follow-up;
(K) Resources available to employees for coping with assaults; and
(L) The health care employer’s workplace assault prevention and protection program.
(b) A health care employer shall provide assault prevention and protection training to a new employee within 90 days of the employee’s initial hiring date.
(c) A health care employer may use classes, video recordings, brochures, verbal or written training or other training that the employer determines to be appropriate, based on an employee’s job duties, under the assault prevention and protection program developed by the employer.
(5) At least once every two years, a health care employer shall establish, in coordination with the health care employer’s workplace safety committee as described in ORS 654.176, a process by which the committee shall review the health care employer’s assault prevention and protection program developed and implemented under subsection (1)(b) of this section in order to evaluate the efficacy of the program and consider any changes to the program. [2007 c.397 §3; 2019 c.350 §4]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 654 - Occupational Safety and Health
Section 654.005 - Definitions.
Section 654.020 - Interference with safety devices or methods prohibited; civil penalty.
Section 654.035 - Scope of rules and orders.
Section 654.056 - Variance from safety or health standards; effect of variance on citations.
Section 654.082 - Prohibiting use of equipment involved in violation; red warning notice.
Section 654.097 - Consultative services required; program standards; rules.
Section 654.101 - Voluntary safety and health consultation; refusal to disclose report.
Section 654.130 - Proceedings against unwilling witnesses.
Section 654.150 - Sanitary facilities at construction projects; standards; exemptions.
Section 654.165 - Employees not required to work bare-handed or rubber-gloved on high voltage lines.
Section 654.172 - Exemption from inspection or investigation for certain agricultural activities.
Section 654.182 - Rules for ORS 654.176; contents.
Section 654.191 - Occupational Safety and Health Grant program; rules.
Section 654.200 - Scholarship account; use; standards for eligibility.
Section 654.206 - Grounds for issuance of inspection warrants; requirements of affidavit.
Section 654.212 - Procedure for issuance of inspection warrant by magistrate.
Section 654.216 - Execution of inspection warrants.
Section 654.295 - Application of Oregon Safe Employment Act.
Section 654.330 - Fellow servant negligence as defense.
Section 654.345 - Safety standards for utility vehicle rentals.
Section 654.402 - Activities permitted under other designation, certification or license.
Section 654.412 - Definitions for ORS 654.412 to 654.423.
Section 654.413 - Required policies regarding surgical smoke.
Section 654.416 - Required records of assaults against employees; contents; summary report; rules.
Section 654.421 - Refusal to treat certain patients by home health care employee.
Section 654.423 - Use of physical force by health care employee in self-defense against assault.
Section 654.750 - Definitions for ORS 654.750 to 654.780.
Section 654.760 - Rules on hazardous chemicals, safety equipment and training.