New York Enacts Mandatory Workplace Violence Prevention Programs for Healthcare Facilities

Quick Hits

• New York Governor Hochul signed a law that requires healthcare facilities, defined as general hospitals and nursing homes, to develop workplace violence prevention programs.
• General hospitals will additionally be required to conduct safety assessments, develop specific violence prevention plans for preventing and dealing with workplace violence incidents, and maintain trained security personnel for emergency rooms.
• The New York workplace safety requirements come as the federal Occupational Health and Safety Administration (OSHA) halted plans for a nationwide workplace violence prevention standard that had been in the works under the Biden administration.

Senate Bill (S) 5294-B, which was initially passed by the state legislature on June 11, 2025, creates new workplace violence prevention obligations for healthcare “facility[ies]” defined as general hospitals or nursing homes. The law requires facilities to establish prevention programs by September 2027.

The law adds additional workplace safety obligations on healthcare facilities in New York as workplace violence incidents in healthcare settings continue to rise across the country, creating particularized hazards for such workplaces.

The new state standard follows OSHA’s delay of a nationwide workplace violence safety standard for healthcare settings that had been under development during the Biden administration. Meanwhile, a bill that would require OSHA to issue a specific standard for healthcare was introduced in the U.S. Congress in April 2025, but it has not gained traction.

Workplace Violation Prevention Programs

S5294-B requires all general hospitals and nursing homes to establish workplace violence prevention programs within twelve months of the effective date of the law, which is set for 280 days after its enactment.

General hospitals are required to establish programs consistent with the federal Centers for Medicare and Medicaid Services (CMS) Hospital Conditions of Participation regulations for safe settings and emergency preparedness, 42 CFR Section 482.13(c)(2) and Section 482.15(a) and (d)(1), and with the workplace standards of the hospital’s CMS-deemed accreditor.

Those federal CMS regulations set forth requirements for an “emergency preparedness plan,” which must be reviewed and updated at least every two years. Those plans must:

• be based on a facility and community risk assessments;
• provide strategies for specific emergency events;
• address patient populations, the types of operations the facility can provide during an emergency, and plans for continuity of operations; and
• include a process for coordination with federal, state, and local authorities.

Additionally, those federal regulations outline hospital violence training programs, including new training each time the emergency preparedness plans are updated. 

Nursing homes will be deemed compliant if they follow federal regulations for facility risk assessments and long-term care (LTC) emergency preparedness plans outlined in 42 CFR 483.71(a)(3), (b)(1), and 483.73(a)(1), “provided that such assessments and plans address workplace violence threats and hazards.”

Assessments and Security Plans for General Hospitals

Beginning on January 1, 2027, general hospitals must conduct on an annual basis, “a workplace safety and security assessment and develop a safety and security plan that addresses identified workplace violence threats or hazards.”

The safety and security plans must include security measures and policies, including “personnel training policies designed to prevent or minimize identified workplace violence threats or hazards.” In developing those plans, general hospitals must “ensure the active involvement of employees,” including their collective bargaining representatives.

General hospitals must also tailor their plans to the “size, complexity, and local geographical factors” and consider “relevant threats and hazards,” such as workplace violence incidents and complaints or concerns raised by employees, patients, or visitors, as well as specific problems related to the general hospital’s layout.

Implementing Security Plans for General Hospitals

General hospitals must implement their safety and security plan based on the assessments and any findings from those assessments, and update plans as necessary. The plan must include methods to reduce identified risks, such as employee training, increased staffing, security measures, and hospital modifications. Further, they must provide a written summary of the plan to employees and collective bargaining representatives and inform them about reporting incidents of workplace violence.

Security Personnel for Emergency Rooms

Additionally, S5294-B will require hospitals with emergency rooms to maintain trained security personnel. Hospitals in jurisdictions with a population of 1 million or more must have “at least one off-duty law enforcement officer or trained security personnel” present, at all times, in the emergency departments, subject to “emergent circumstance[s].”

Small jurisdictions of less than 1 million must have “at least one off-duty law enforcement officer or trained security personnel” somewhere on the premises, at all times, though in “a manner that prioritizes physical presence near, or within close proximity to, the emergency department” and with direct responsibility to the emergency department.

The above smaller-jurisdiction requirement does not apply to critical access hospitals, sole community hospitals, or rural emergency hospitals. However, if any such exempt hospital experiences increased rates of violence or abuse of emergency department personnel (as determined by the New York State commissioner of health or evidenced by internal program reporting or reports to law enforcement), the commissioner will work with the hospital to bring it into compliance with the “on‑premises at all times” staffing requirement over a reasonable period of time.

Next Steps

Overall, the New York law aims to enhance the safety and security of healthcare environments and their employees by requiring comprehensive violence prevention programs and ensuring adequate security measures, particularly in emergency departments. Healthcare facilities in New York may want to assess their workplace violence risks and begin preparations to comply with the law’s workplace violence prevention programs and develop emergency plans.

Ogletree Deakins’ Workplace Violence Prevention Practice Group and New York offices will continue to monitor developments and will provide updates on the Healthcare, New York, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.

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