(1) A health care employer shall maintain a record of assaults committed against employees that occur on the premises of the health care employer or in the home of a patient receiving home health care services. The record shall include, but need not be limited to, the following:
- (a) The name and address of the premises on which each assault occurred;
- (b) The date, time and specific location where the assault occurred;
- (c) The name, job title and department or ward assignment of the employee who was assaulted;
- (d) A description of the person who committed the assault as a patient, visitor, employee or other category;
(e) A description of the assaultive behavior as:
- (A) An assault with mild soreness, surface abrasions, scratches or small bruises;
- (B) An assault with major soreness, cuts or large bruises;
- (C) An assault with severe lacerations, a bone fracture or a head injury; or
- (D) An assault with loss of limb or death;
- (f) An identification of the physical injury;
- (g) A description of any weapon used;
- (h) The number of employees, including nursing staff as defined in ORS 441.179, in the immediate area of the assault when it occurred; and
- (i) A description of actions taken by the employees and the health care employer in response to the assault.
- (2) A health care employer shall maintain the record of assaults described in subsection (1) of this section for no fewer than five years following a reported assault.
(3)
(a) Upon the request of an employee or of a workplace safety committee conducting a review pursuant to ORS 654.414, the health care employer shall generate and make available to the requesting party a report summarizing:
- (A) The information in the record required under subsection (1) of this section; and
- (B) Information regarding work-related injuries and illnesses recorded by the health care employer to comply with applicable federal health and safety recordkeeping requirements.
(b) A report made available under this subsection:
- (A) May not include any personally identifiable information; and
- (B) May be used only for the purposes of conducting a review of the workplace violence prevention and protection program under ORS 654.414 or for other purposes that are related to improving the program.
- (4) The Director of the Department of Consumer and Business Services shall adopt by rule a common recording form for the purposes of this section.
[2007 c.397 §4; 2019 c.350 §5; 2025 c.535 §7]