Occupational Safety and Health

ORS 654.423
Use of physical force by health care employee in self-defense against assault

(1)

A health care employer may not impose sanctions against an employee who used physical force in self-defense against an assault if the health care employer finds that the employee:

(a)

Was acting in self-defense in response to the use or imminent use of physical force;

(b)

Used an amount of physical force that was reasonably necessary to protect the employee or a third person from assault; and

(c)

Used the least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, or other methods of response approved by the health care employer.

(2)

As used in this section, “self-defense” means the use of physical force upon another person in self-defense or to defend a third person. [2007 c.397 §7]
Chapter 654

Notes of Decisions

An administrative regulation requires Accident Prevention Division to prove reasonableness of civil penalty imposed for violation of Oregon State Employment Act. Accident Prevention Div. v. Sunrise Seed, 26 Or App 879, 554 P2d 550 (1976)

Accident Prevention Division rule allowing citation for "repeat violation" of division's safety standards while prior citation is contested and not yet upheld by final order is within agency's authority to promulgate rules consistent with purpose of Act to assure as far as possible safe and healthful working conditions. Accident Prevention Div. v. Hoffman Construction, 64 Or App 73, 667 P2d 543 (1983)

Atty. Gen. Opinions

Inapplicability of occupational safety and health laws to inmates in prison work programs, (1996) Vol 48, p 134

Source

Last accessed
Jun. 26, 2021

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