The Occupational Safety and Health Administration (OSHA) is set to unveil a proposed standard for preventing workplace violence in healthcare settings by December 2024.
Key Points
- OSHA plans to release a proposed rule for workplace violence prevention in healthcare and social service facilities in December 2024.
- This proposed rule is expected to cover a range of settings, including hospitals, medical centers, nursing homes, mental health facilities, residential treatment centers, and private homes where home health aides or social workers visit.
- A final rule is anticipated in 2025.
- Research published by StatPearls in January 2024 reveals that nearly 20% of healthcare professionals have experienced physical abuse at work.
OSHA identifies nonfatal workplace violence as a significant issue in the healthcare and social assistance sectors, more prevalent than in other industries. Consequently, OSHA has prioritized developing a standard to address this problem.
Background
In March 2023, OSHA held a Small Business Advocacy Review panel to gather feedback from small businesses about the proposed rule. The panel recommended that the rule be adaptable, allowing employers to customize their approach based on their facility’s size and complexity. It suggested flexibility in implementing engineering and administrative controls, such as alarm systems, cameras, bright lighting, and security personnel. Additionally, the panel advised OSHA to reconsider the definition of a workplace violence incident, including whether verbal threats should be included.
DC Employment Lawyers note that the forthcoming proposed rule is likely to include requirements for healthcare employers to:
- Develop a written workplace violence prevention policy.
- Train employees on this policy.
- Conduct regular hazard assessments.
- Implement measures to mitigate identified hazards.
- Maintain a log of workplace violence incidents.
The U.S. Department of Labor (DOL) had previously indicated in its Fall 2022 Statement of Regulatory Priorities that OSHA would advance a rulemaking process for workplace violence prevention in healthcare. However, this goal was not reiterated in the DOL’s Fall 2023 Statement of Regulatory Priorities.
In January 2017, OSHA issued an updated compliance directive for handling workplace violence complaints in healthcare settings. This directive acknowledged the known risks of workplace violence in these environments. Earlier, in 2016, OSHA published Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers, underscoring the serious nature of job-related violence against healthcare workers.
Next Steps
Once the proposed rule is published in December 2024, there will be a comment period of thirty to sixty days. A final rule is expected in 2025, with implementation likely occurring thirty to sixty days after its publication in the Federal Register, barring any court challenges.
DC Employment Lawyers Advise: In the meantime, healthcare employers and social service providers should review and potentially update their existing workplace safety policies in preparation for the upcoming standard to address the risk of workplace violence effectively.