Quick Hits
- Oregon OSHA has finalized a workplace violence prevention rule that expressly covers home health agencies and home hospice programs in addition to hospitals and ambulatory surgical centers.
- The rule defines “workplace violence” to include threats, harassment, and intimidating behavior not just physical assault.
- Oregon OSHA’s Discrimination Complaint Rule (OAR 437-001-0295) now includes reporting workplace violence incidents.
- Covered employers must record incidents on the Health Care Workplace Violence Incident Log (or equivalent) in addition to existing general injury and illness recordkeeping.
- Covered employers now must consult with their safety committee (or employees during their safety meetings, if applicable) to create investigative and reporting procedures and to conduct periodic safety assessments, annual review of their workplace violence prevention plan, and training on workplace prevention and protection.
On October 22, 2026, Oregon OSHA announced that it had finalized its new workplace violence prevention rules for Oregon healthcare employers. Specifically, Oregon OSHA has adopted an entirely new rule, OAR 437-002-0150, which requires that hospitals, ambulatory surgical centers, home health agencies and home hospice programs have a workplace violence prevention and protection program. Healthcare employers covered by this new rule must, among other things, develop a workplace violence prevention and protection plan; provide regular training; and conduct regular assessments and measure the frequency of assaults.
Although Oregon previously had workplace violence prevention requirements that applied to hospitals and ambulatory surgical centers, this new rule greatly expands the coverage of the requirements by expressly covering home health agencies and home hospice programs, and also expands the definition of “workplace violence” to include “any act or threat of physical violence, assault, homicide, harassment, or intimidation or any other threatening behavior that occurs in the workplace ….” This expansion means compliant prevention plans must address a wider range of conduct than physical attacks alone.
In addition to enacting a new rule, Oregon OSHA is also amending its existing discrimination complaint rule, OAR 437-001-0295, to make clear that covered employees may file a discrimination complaint if they believe they have been discriminated against for reporting an incident of workplace violence.
Oregon OSHA is also amending its existing rule regarding recordkeeping for healthcare setting assaults, OAR 437-001-0706, to expressly include home health care and home hospice employers to the scope of the rule.
One important note is that this new rule adds to Oregon OSHA’s existing safety committee rules for healthcare employers, which will now have to consult with their safety committee (or with employees during safety meetings, where applicable), to create procedures for investigating incidents of workplace violence, to collect and report incidents of workplace violence, to conduct periodic security and safety assessments, to review annually their workplace violence prevention plan, and to provide workplace violence prevention and protection training. The existing safety committee rule is not being amended; instead, the workplace violence rule simply adds these requirements, meaning covered healthcare employers must take into account the new rule when administering their safety committees (or safety meetings, where applicable).
Oregon OSHA stated in its summary of the comments it received on the proposed rule that it will develop supplemental resources materials to assist employers in understanding the requirements of the standard. However, as of this writing, Oregon OSHA has not yet posted any such new supplemental resources.
Ogletree Deakins’ Portland (OR) office and Workplace Safety and Health Practice Group will continue to monitor developments and provide updates on the Healthcare, Oregon, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.
In addition, the Ogletree Deakins Client Portal provides subscribers with timely updates on workplace violence prevention laws, including those specific to healthcare employers. Premium-level subscribers have access to comprehensive law summaries, policies, and templates. Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.
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