OSHA focuses on Workplace Violence Perpetrated by Patients/Clients in the Healthcare and Social Assistance Workplaces

OSHA Focuses on Workplace Violence Perpetrated by Patients/Clients in the Healthcare and Social Assistance Workplaces

December 2016

On December 7, 2016, OSHA published in the Federal Register a Request for Information (“RFI”) seeking comments and information from those employed in the healthcare and social assistance industries in order to assist OSHA in creating a national standard aimed at reducing workplace violence perpetrated by patients/client in those industries. 

According to the report, evidence supports that the rate of workplace violence in the healthcare and social services industries is substantially higher than in private industry as a whole.  Nursing and residential care facilities have rates 11 times higher than private industry while psychiatric hospitals have incidence rates over 64 times higher than private industry.

In 2014, 79% of serious violent incidents reported by employers in healthcare and social assistance settings were caused by interactions with patients.  Other perpetrators include patients’ families, visitors and co-workers.

OSHA is focusing on workplace violence in the healthcare and social assistance industries because of the “unique relationship between the care provider and the patient or client.  The complex culture of healthcare and social assistance, in which the health care provider is typically cast as the patient’s advocate, increases resistance to the notion that healthcare workers are at risk for patient-related violence.

OSHA is seeking answers to specific questions in the RFI.  The questions are set out in 7 sections and can be found, including instructions on how to submit a response, at:

https://www.gpo.gov/fdsys/pkg/FR-2016-12-07/pdf/2016-29197.pdf?utm_campaign=subscription%20mailing%20list&utm_source=federalregister.gov&utm_medium=email.

The RFI is limited to “intentional injury” by a patient/client as opposed to “unintentional or Intent Unknown”.

Finally, for employers in the 9 states that have enacted Workplace Violence laws of which New Jersey is one, the RFI seeks information about the efficacy of the employer’s workplace violence program created under the state law and the amount of time and resources spent in complying with the state law.