Healthcare employers must prepare for a forthcoming OSHA rule focused on preventing workplace violence within the industry. By the end of the year, this proposed regulation will likely require healthcare facilities to implement comprehensive workplace violence prevention programs, adding new compliance obligations and potentially increasing legal risks.
The Occupational Safety and Health Administration (OSHA) plans to introduce this rule in December, with the possibility of finalization and enforcement as early as next year. Now is the time for healthcare employers to anticipate these changes and assess their current policies to ensure they are equipped to meet the upcoming standards.
How Did We Get Here?
The anticipated OSHA rule is part of the agency’s ongoing efforts to address workplace violence, particularly in healthcare and social assistance settings. This initiative follows years of research and input from industry stakeholders. In 2016, OSHA requested information, gathering insights from healthcare employers, workers, and experts about the impact of workplace violence and potential prevention strategies. A coalition of labor unions and organizations like National Nurses United pushed for creating a specific standard to protect workers, which led to OSHA granting their petitions in 2017.
More recently, in 2023, OSHA conducted a Small Business Advocacy Review (SBAR) panel, gathering feedback from small businesses in various healthcare sectors, including hospitals, behavioral health facilities, and home healthcare providers. The SBAR report highlighted the heightened risk of workplace violence faced by healthcare workers, particularly from patients, clients, and visitors. Data shows that hospital workers experience nonfatal assaults at a significantly higher rate than those in other private sectors, with rates even higher in certain specialized facilities, such as psychiatric and substance abuse hospitals.
What To Expect?
The upcoming OSHA rule is expected to take a programmatic, performance-based approach to tackling workplace violence. Healthcare employers may be required to develop and implement written workplace violence prevention programs that include regular hazard assessments, control measures to mitigate identified risks, and staff training on potential hazards and protective measures.
Employers may also need to maintain detailed records of workplace violence incidents and investigations and inform employees of their rights under the new rule.
Recent OSHA enforcement actions underscore the agency’s commitment to addressing workplace violence.
Review Current Regulations and Prepare For New Rules
In preparation for the new rule, healthcare employers should review and strengthen workplace safety policies. This includes ensuring compliance with the federal Occupational Safety and Health (OSH) Act, which mandates that employers take reasonable steps to prevent recognized hazards, including workplace violence. Additionally, employers should familiarize themselves with OSHA’s existing guidelines on preventing workplace violence in healthcare and social service settings and any relevant state laws, such as California’s recent mandate requiring comprehensive workplace violence prevention programs.
By proactively addressing workplace violence and staying informed about the upcoming OSHA rule, healthcare employers can better protect their workers and avoid costly penalties. Keeping up with federal and state regulations and OSHA’s guidance will be crucial as the new rule approaches.