Oregon Department of Consumer and Business Services, Oregon Occupational Safety and Health Division

Rule Rule 437-001-0706
Recordkeeping for Health Care Assaults


(1)

Purpose. This rule implements the amendments to the Oregon Safe Employment Act, ORS 654.412 (Definitions for ORS 654.412 to 654.423) through 654.423 (Use of physical force by health care employee in self-defense against assault), providing specific provisions for the recordkeeping and reporting requirements of health care assaults, and additional recordkeeping requirements as authorized under ORS 654.025 (Jurisdiction and supervision of Workers’ Compensation Board, director and other state agencies over employment and places of employment)(2) and 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws)(4)(a).

(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 (Definitions): “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)

Health care assault recordkeeping. In addition to existing general recordkeeping requirements in OAR 437-001-0700 (Recording Workplace Injuries and Illnesses), Recordkeeping and Reporting, health care employers must use the Health Care Assault Log, or equivalent, to record assaults. See ORS 654.412 (Definitions for ORS 654.412 to 654.423) through 654.423 (Use of physical force by health care employee in self-defense against assault) for details required to be recorded. Appendix A of 437-001-0706 (Recordkeeping for Health Care Assaults) provides instructions for completing the form.

(4)

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

(a)

Section (6) Work-relatedness

(b)

Section (14)(b) Forms

(c)

Section (15) Multiple Business Establishments

(d)

Section (16) Covered Employees

(e)

Section (19) Change of Business Ownership. Appendix A (attached). Appendix B (attached).
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Source

Last accessed
Jun. 8, 2021