1. (1) Purpose. This rule implements the amendments to the Oregon Safe Employment Act, ORS 654.412 through 654.423, providing specific provisions for the recordkeeping and reporting requirements of health care assaults, and additional recordkeeping requirements as authorized under ORS 654.025(2) and 656.726(4)(a).

   NOTE: For further information, instructions, and resources, visit Oregon OSHA’s healthcare workplace violence assault log web page at: osha.oregon.gov/Pages/re/healthcare-assault-log.aspx

   NOTE: For the ease of the reader, ORS 654.412 through 654.423 is reprinted as Appendix B to OAR 437-001-0706.

2. (2) Scope and Definitions. This rule applies to health care employers and home health care services provided by health care employers. Health care employers only include hospitals and ambulatory surgical centers, which are defined in ORS 442.015: "Hospital" means a facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims, to provide treatment for the mentally ill or to provide treatment in special inpatient care facilities. "Ambulatory surgical center" means a facility that performs outpatient surgery not routinely or customarily performed in a physician's or dentist's office, and is able to meet health facility licensure requirements.

3. (3) Health care assault recordkeeping. In addition to existing general recordkeeping requirements in OAR 437-001-0700, Recordkeeping and Reporting, health care employers must use the Health Care Assault Log, or equivalent, to record assaults. See ORS 654.412 through 654.423 for details required to be recorded. Appendix A of 437-001-0706 provides instructions for completing the form.

   NOTE: If the incident results in an overnight hospitalization, a catastrophe, or fatality, it must be immediately reported to Oregon OSHA. Record recordable injuries, illnesses, and fatalities on the OSHA 300 Log. See OAR 437-001-0700.

4. (4) Other recordkeeping information. The following sections of OAR 437-001-0700 apply to health care assault recordkeeping and reporting:

   1. (a) Section (6) Work-relatedness
   2. (b) Section (14)(b) Forms
   3. (c) Section (15) Multiple Business Establishments
   4. (d) Section (16) Covered Employees

   5. (e) Section (19) Change of Business Ownership. Appendix A (attached). Appendix B (attached).

      [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 654.025(2) & 656.726(4).

Statutes/Other Implemented

ORS 654.412 - 654.423

History

OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 2-2011, f. 9-29-11, cert. ef. 10-1-11
OSHA 8-2008, f. & cert. ef. 7-14-08
OSHA 11-2007, f. 12-21-07, cert. ef. 1-1-08