Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Workplace violence rules for healthcare being developed by Oregon OSHA: What health care employers should do now, (Sep 9, 2026)

By John D. Surma of Fisher Phillips, LLP

The proposed rules build on workplace-violence prevention obligations established by Oregon Senate Bill 537.

Hospitals, home health agencies, and other healthcare employers in Oregon will soon have to take steps to protect their staff from workplace violence under proposed rules pending before the state’s safety agency. While the rules haven’t yet been finalized, it’s expected to create a more structured approach to preventing, documenting, and responding to violence in health care workplaces. Covered employers should begin preparing now, while recognizing that there may be some changes to the final version—the Oregon Occupational Safety and Health Division aims to adopt the rule in October, and has set a tentative effective date for January 2027. Here’s everything you need to know about the proposal and how to prepare.

Who Would Be Covered?

The proposal is directed to specified healthcare employers, defined as:

• Hospitals (other than the Oregon State Hospital);

• Ambulatory surgical centers;

• Home health agencies; and

• Home hospice programs.

Keep in mind: The proposed rules only create a general workplace violence standard for certain healthcare employers, not every Oregon business. But this approach shows what Oregon OSHA expects from high-risk industries and offers a potential signal for what employers in general industry may see from the state in the future.

What Would the Rule Require?

The proposed rules build on workplace-violence prevention obligations established by Oregon Senate Bill 537. While some of the elements laid out in the proposed rule will seem familiar to California healthcare employers, the Oregon proposal applies to a narrower set of workplaces and builds on existing Oregon statutes. The proposal also emphasizes safety committee consultation and ties into updated recordkeeping and anti-retaliation rules.

A written workplace violence prevention and response plan

Covered employers would need a written plan focused on security and safety. The plan would need to address workplace conditions, staffing, personnel policies, reporting procedures, emergency and first-aid procedures, and employee education and training.

Your response policies also need to address what happens after an incident. That includes procedures for internal investigations, identifying affected employees, interviewing employees after incidents, and offering appropriate post-incident care, including medical attention and trauma counseling where appropriate.

Employee involvement and program review

The proposal would require employers to consult with the workplace safety committee or, where appropriate, employees through safety meetings on core features of the program. Those core features include incident investigation and reporting procedures, periodic security and safety assessments, annual program review, and annual training.

This requirement matters because workplace violence risks are often location specific. Employees may see risks associated with an isolated parking area, uncontrolled access to a treatment area, inadequate staffing during a shift change, or a recurring pattern involving a particular patient population.

Training that is ongoing and job-relevant

The statutory framework requires training on workplace violence topics such as identifying violence, recognizing escalation and predictive factors, de-escalation techniques, post-incident resources, and the employer’s prevention program. The proposed rules would add implementation details, including annual retraining, retraining when conditions or the program change, and training for contracted security personnel.

Tailor your safety training to the work employees actually perform and specific to the risks they face at their job site. For example, a home health worker, an emergency-department nurse, a receptionist, and contracted security personnel may face different exposure points and need different practical tools.

Incident logs and recordkeeping

The proposal would require covered employers to use a Health Care Workplace Violence Incident Log or an equivalent record. Certain severe incidents would require prompt reporting to Oregon OSHA. The proposed rule identifies a 24-hour reporting requirement for qualifying events such as inpatient hospitalization, a fatality, loss of an eye, amputation, or avulsion involving bone loss.

A clear anti-retaliation message

Employees must be able to report workplace violence without fear of retaliation. The proposed rules would require covered employers to give employees a written statement describing their right to protection from retaliation when reporting workplace violence, with a cross-reference to Oregon OSHA’s discrimination-complaint process.

Want to learn more about crafting a workplace violence prevention program? Read FP’s primer here.

5 Actions Oregon Employers Should Take Now

1. Confirm whether your organization is covered

Hospitals, ambulatory surgical centers, home health agencies, and home hospice programs should review the proposal in detail. Employers outside those settings should still consider whether a similar framework would improve their own safety program, especially if employees work alone, interact with the public, make home visits, handle cash, provide emergency services, or work late shifts.

2. Conduct a focused workplace violence risk assessment

Assess physical, operational, and staffing risks unique to your work locations. Consider access control, parking lots, reception areas, patient rooms, staffing levels, security response, alarm systems, behavioral-health risks, and prior incidents or near misses. Document both the assessment and the actions taken in response.

3. Audit the written plan against the proposed framework

Compare your current policy or program with the proposal’s key elements:

• Prevention and response procedures;

• Incident-reporting requirements;

• Investigation procedures;

• Post-incident interviews and care;

• Security and staffing considerations;

• Training;

• Annual review; and

• Employee or safety committee consultation.

4. Strengthen reporting, investigation, and log practices

Make reporting simple, accessible, and nonpunitive. Establish clear expectations for supervisor response, incident investigation, employee follow-up, and record retention. Records can be used more than just to establish compliance. Consider utilizing incident data to identify patterns, such as repeat locations, riskier times of day, visitor issues, patient-handling challenges, or staffing conditions, and then use that to improve your safety plans.

5. Update training for employees, supervisors, and security personnel

Training should be practical, role-specific, and repeated. It should cover warning signs, de-escalation, how to summon assistance, reporting expectations, documentation, and available post-incident resources. You should train supervisors to respond consistently and to avoid conduct that could be viewed as discouraging reports.

Conclusion

We will continue to monitor developments in this area and provide updates as warranted. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. If you have any questions, contact the author of this Insight, your Fisher Phillips attorney, any member of our Portland, OR office or Workplace Safety Team.

John D. Surma

Fisher Phillips, LLP

URL: https://www.fisherphillips.com/

Attorneys: (Fisher Phillips).

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