{"id":676,"date":"2017-03-27T18:22:00","date_gmt":"2017-03-27T22:22:00","guid":{"rendered":"http:\/\/caloshadefensereport.com\/?p=676"},"modified":"2026-03-15T23:42:36","modified_gmt":"2026-03-15T23:42:36","slug":"cal-oshas-workplace-violence-rules-for-health-care-take-effect-april-2017","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/calosha-defense-report\/cal-oshas-workplace-violence-rules-for-health-care-take-effect-april-2017\/","title":{"rendered":"Cal\/OSHA\u2019s Workplace Violence Rules for Health Care Take Effect April 2017"},"content":{"rendered":"

By\u00a0Andrew J. Sommer<\/a>\u00a0and\u00a0Eric J. Conn<\/a><\/strong><\/p>\n

Effective April 1, 2017, a new California Occupational Safety and Health Standards Board (\u201cStandards Board\u201d)\u00a0regulation at Title 8, Section 3342<\/a>\u00a0requires certain employers in the health care industry to develop and implement a Workplace Violence Prevention Plan.\u00a0 The passage of these regulations came after nearly two years of meeting and work within the Agency, and more than two years after the California legislature passed\u00a0Senate Bill 1299<\/a>, which instructed the Standards Board to implement these workplace violence regulations.<\/p>\n

Rules Apply to Health Care Facilities\"\"<\/a><\/em><\/strong><\/p>\n

Senate Bill 1299 only directed the Standards Board to adopt regulations requiring licensed hospitals to adopt violence prevention plans to protect health care workers and other facility personnel from aggressive and violent behavior.\u00a0 The regulations that were adopted by the Standards Board, however, apply not just to licensed hospitals, but more broadly to any \u201chealth facility,\u201d defined as:<\/p>\n

\u201cany facility, place or building that is organized, maintained, and operated for diagnosis, care, prevention or treatment of human illness, physical or mental\u2026to which [] persons are admitted for a 24-hour stay or longer.\u201d<\/em><\/p><\/blockquote>\n

Additionally, the regulations apply to the following facilities regardless of their size or how long a patient stays there:<\/p>\n

    \n
  1. Home health care and home-based hospice;<\/li>\n
  2. Emergency medical services and medical transport, including services provided by firefighters and other emergency responders;<\/li>\n
  3. Drug treatment programs;<\/li>\n
  4. Outpatient medical services to the incarcerated in correctional and detention settings.<\/li>\n<\/ol>\n

    Immediate Requirement to Begin Reporting Violent Incidents<\/em><\/strong><\/p>\n

    Beginning April 1, 2017, every general acute care hospital, acute psychiatric hospital and special hospital generally must report to the Division of Occupational Safety and Health (DOSH) any incident involving\u00a0<\/span>either of the following:<\/p>\n

      \n
    1. Use of physical force against an employee by a patient (or companion) that has \u201ca high likelihood of resulting in, injury, psychological trauma, or stress\u201d; or<\/li>\n
    2. Use of a firearm or dangerous weapon<\/li>\n<\/ol>\n

      The report must be made to DOSH within 24 hours after the employer knows or with diligent inquiry would have known of the incident, if the incident results in injury, involves the use of a firearm or other dangerous weapon, or present an urgent or emergent threat to the welfare, health, or safety of hospital personnel.\u00a0 Otherwise, the report must be made within 72 hours.\u00a0 \u201cInjury\u201d is defined as a fatality or an injury that requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement.\u201d<\/p>\n

      Keep Violent Incident Logs<\/em><\/strong><\/p>\n

      Also beginning April 1, 2017, any health care employer covered by these regulations must keep a \u201cviolent incident log\u201d recording details about every incident of workplace violence, including the post-incident response and investigation, based on information solicited from employees who involved in the workplace violence incident. \u00a0These logs must contain specific types of information as enumerated under the regulations and be retained for a minimum of five years.\u00a0 Similarly, as of April 1, 2017, covered employers must also create and retain records concerning training and workplace violence hazard identification, evaluation and correction.<\/p>\n

      Workplace Violence Prevention Plan<\/em><\/strong><\/p>\n

      Beginning on April 1, 2018, covered employers are required to establish, implement and maintain an effective written Workplace Violence Prevention Plan (Plan). \u00a0The written plan must include the following elements:<\/p>\n