Key Takeaways:
Effective July 1, 2025, most healthcare employers in Virginia will be required to implement a system for reporting incidents of workplace violence. These employers must notify all employees about the system, provide clear guidance on when and how to report incidents, and ensure the policy is included in onboarding for new hires.
Additionally, employers must adopt a policy that prohibits discrimination or retaliation against employees who report incidents of workplace violence.
Healthcare employers must begin preparations immediately to develop and implement the necessary reporting infrastructure, training, and policies. Records of all reported incidents must be kept for at least two years.
Background on the New Law
On March 24, 2025, Governor Glenn Youngkin signed House Bill 2269 and Senate Bill 162 into law. These identical bills amend Section 31.1-127 of the Code of Virginia and establish new requirements for reporting workplace violence in healthcare settings. The legislation is intended to improve safety for healthcare workers by promoting continuing education, de-escalation training, risk identification, and violence prevention planning.
Virginia now joins states like California, Connecticut, Illinois, Louisiana, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Texas, and Washington in adopting similar workplace violence prevention laws.
Definitions Clarified
Hospital: While the law uses the term “hospital,” it applies broadly to healthcare employers. As defined by Section 32.1-123 of the Code of Virginia, a hospital includes “any facility licensed” under the “Hospital and Nursing Home License” article, where the primary purpose is the provision of medical services—diagnosis, treatment, or nursing—for “two or more nonrelated individuals.”
Employee: The term “employee” includes not only hospital staff but also any healthcare provider “credentialed by the hospital or engaged by the hospital to perform health care services on the premises.” This means all staff—clinical and non-clinical—are covered under the reporting system.
Workplace Violence: According to the amended Section 31.1-127, “workplace violence” includes “any act of violence or threat of violence, without regard to the intent of the perpetrator, that occurs against an employee of the hospital while on the premises of such hospital and engaged in the performance of his duties.” This also covers actions that may cause psychological trauma or stress, “regardless of whether physical injury is sustained.”
Reporting and Recordkeeping Requirements
Healthcare employers must develop a system that can document, track, and analyze reported incidents of workplace violence. The system must include:
-
Date and time of the incident
-
A description of the incident and the job titles of affected employees
-
The perpetrator’s identity (e.g., patient, visitor, employee)
-
Incident location
-
Type of incident (e.g., physical assault, threat, sexual assault)
-
Response taken and consequences
-
The reporter’s name, job title, and the date of the report
Hospitals must report this data quarterly to their chief medical officer and chief nursing officer. Additionally, an anonymized annual report must be submitted to the Virginia Department of Health detailing the total number of reported incidents.
Employee Notification and Training
Employers must inform all employees—both current staff and new hires during orientation—about the workplace violence incident reporting system. They must also provide training on how and when to report incidents to the employer, security personnel, and law enforcement.
The law further requires that employers maintain a written policy that explicitly prohibits retaliation or discrimination against employees who report workplace violence or seek help. The policy must ensure that employees feel safe reporting incidents to any party involved in investigations, including “security agencies, law-enforcement authorities, local emergency services organizations, government agencies, or others.”
Ongoing Improvement and Prevention Measures
Employers are also expected to use the data collected from incident reports to improve workplace safety. The law encourages the use of this information to enhance continuing education programs, particularly in the areas of de-escalation, risk identification, and violence prevention.
Next Steps for Virginia Healthcare Employers
With the July 1, 2025 deadline approaching, healthcare employers should act now to meet the new requirements. Recommended steps include:
-
Reviewing and updating employee handbooks and standalone workplace safety policies
-
Updating onboarding materials for new employees
-
Assessing current training programs for adequacy in areas such as de-escalation and violence prevention
-
Monitoring for additional guidance, as the law requires the Virginia Secretary of Health and Human Resources to “convene a stakeholder work group” composed of state agencies and industry representatives to make recommendations on the implementation of the new system
Additional legislation, regulations, and administrative guidance may be issued in the future as this initiative evolves. Our Virginia employment attorneys are keeping a close eye and are here to help.