Healthcare Employers: Get Ready for OSHA's Workplace Violence Rule

As the healthcare industry braces for significant regulatory changes, workplace violence prevention is poised to take center stage. Federal workplace safety officials, through the Occupational Safety and Health Administration (OSHA), plan to introduce a new rule later this year aimed at curbing workplace violence in healthcare and social assistance sectors. Today’s article delves into what this proposed rule entails, how healthcare employers can prepare, and practical steps they should take now to ensure compliance and protect their workforce.

Background: Understanding the OSHA Initiative

OSHA has long acknowledged the unique challenges healthcare workers face concerning workplace violence. The agency’s intent to release a proposed Prevention of Workplace Violence in Health Care and Social Assistance rule reflects its growing concern about the heightened risk of violence that healthcare workers endure, often from patients, residents, and even visitors.

According to a Small Business Advocacy Review (SBAR) panel convened by OSHA, healthcare workers are significantly more vulnerable to nonfatal assaults compared to workers in other industries. For instance, hospital workers experience 8.3 nonfatal assaults per 10,000 employees compared to 2.0 assaults per 10,000 workers in other private-sector industries. This alarming trend has prompted labor unions and organizations such as the National Nurses United to petition for regulatory intervention, leading to the forthcoming OSHA proposal.

What Might the Proposed Rule Include?

The upcoming proposed rule, expected to be published by December 2024, will likely require healthcare employers to implement a comprehensive workplace violence prevention program. While the details remain under development, the rule is anticipated to include the following provisions:

1. Written Workplace Violence Prevention Program Healthcare employers will be required to create a formal, written plan that outlines their approach to preventing workplace violence. This program should be tailored to each organization’s specific needs and should include risk assessments, prevention strategies, and employee training.
2. Regular Hazard Assessments The proposed rule will likely mandate healthcare employers to conduct regular hazard assessments. These assessments should identify potential risks of violence, evaluate the effectiveness of current controls, and highlight areas requiring improvement.
3. Implementation of Preventative Controls Based on the findings of hazard assessments, healthcare organizations must implement controls to mitigate the risks of workplace violence. This could include environmental changes such as enhanced security, as well as administrative controls like staff rotation and adequate staffing during high-risk shifts.
4. Training and Education All staff members will need to be trained on the potential hazards they may face and how to protect themselves. Employee education should be ongoing and cover topics such as de-escalation techniques, identifying early warning signs of violence, and understanding their rights under the law.
5. Recordkeeping and Incident Investigation Employers will likely need to maintain detailed logs of workplace violence incidents, including near misses. Additionally, they will be required to investigate these incidents, analyze root causes, and implement corrective actions to prevent recurrence.

Examples of OSHA's Actions

Recent actions by OSHA provide a glimpse into how seriously the agency views workplace violence in healthcare settings. Here are two examples:

• In May 2024, a healthcare employer faced over $100,000 in penalties after an employee was assaulted by a patient. The investigation revealed that the employer had not implemented adequate controls to prevent violent behavior. Such examples highlight the legal and financial risks of failing to address workplace violence.
• Similarly, in July 2024, OSHA cited a VA medical center in Arizona for not protecting staff from aggressive patient behavior. While government employers are typically exempt from OSHA fines, this case underscores the agency's commitment to holding all employers accountable for workplace safety.

Practical Steps for Employers to Take Now

Although the proposed rule has yet to be finalized, healthcare employers should begin preparing now to avoid being caught off guard. Here are several steps employers can take to stay ahead of the impending requirements:

1. Review Current Workplace Safety Policies Start by reviewing existing safety policies to ensure they address workplace violence adequately. If your organization lacks a formal workplace violence prevention program, now is the time to develop one.
2. Conduct Hazard Assessments Regularly assess your workplace for potential risks. This can include surveying employees, conducting walkthroughs of high-risk areas, and reviewing past incident reports to identify patterns or trends.
3. Update Training Programs Ensure that your staff is properly trained to recognize and handle violent situations. Training programs should include not only classroom instruction but also hands-on practice in de-escalation techniques and emergency response.
4. Collaborate with Legal and HR Departments Work closely with your legal and HR teams to ensure compliance with both federal and state workplace violence laws. For example, in states like California, where employers are already required to have workplace violence prevention programs, ensure that your policies meet or exceed local requirements.
5. Stay Informed About Regulatory Changes Keep an eye on updates regarding the new rule. The final version could impose additional requirements, so staying informed and flexible will be critical to maintaining compliance.

Preparing for the Future with Axis HR Solutions

As the healthcare industry awaits the finalization of OSHA's proposed workplace violence prevention rule, healthcare employers must act proactively. By implementing robust workplace violence prevention programs now, conducting regular hazard assessments, and training employees, healthcare organizations can not only comply with future regulations but also create safer, more supportive environments for their workers.

The team at Axis HR Solutions is here to help. We specialize in HR compliance and can assist healthcare employers in developing and implementing effective workplace violence prevention strategies. Our comprehensive services include conducting hazard assessments, designing training programs, and ensuring your organization is prepared to meet OSHA's new standards.

To learn more about how Axis HR Solutions can support your workplace safety initiatives, visit our website at axishrky.com and schedule a consultation today.