ORS 654.423¹
Use of physical force by home health care employee in self-defense against assault

(1) A health care employer may not impose sanctions against an employee who used physical force in self-defense against an assault if the health care employer finds that the employee:

(a) Was acting in self-defense in response to the use or imminent use of physical force;

(b) Used an amount of physical force that was reasonably necessary to protect the employee or a third person from assault; and

(c) Used the least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, or other methods of response approved by the health care employer.

(2) As used in this section, "self-defense" means the use of physical force upon another person in self-defense or to defend a third person. [2007 c.397 §7]

Note: Sections 8 and 10, chapter 397, Oregon Laws 2007, provide:

Sec. 8. A health care employer that is required to conduct a periodic security and safety assessment under section 3 of this 2007 Act [654.414 (Duties of health care employer)] shall conduct its first assessment no later than April 1, 2008. [2007 c.397 §8]

Sec. 10. (1) No later than January 31, 2009, each health care employer shall provide to the Director of the Department of Consumer and Business Services data from the record of assaults compiled under section 4 of this 2007 Act [654.416 (Required records of assaults against employees)] for assaults occurring in 2008.

(2) The director shall adopt rules for the reporting of data under subsection (1) of this section. The rules:

(a) May not require health care employers to report the names of employees who have been assaulted or the names of patients who have committed assaults; and

(b) Shall conform with state and federal laws relating to confidentiality and the protection of health information.

(3) No later than April 30, 2009, the director shall analyze the data received under subsection (1) of this section and report the findings to the Seventy-fifth Legislative Assembly.

(4) Nothing in this section restricts the director’s access to or use of information or records otherwise required or permitted under the Oregon Safe Employment Act. [2007 c.397 §10]

Chapter 654

Notes of Decisions

An administrative regula­tion requires Accident Preven­tion Division to prove reasonableness of civil penalty imposed for viola­tion of Oregon State Employ­ment Act. Accident Preven­tion Div. v. Sunrise Seed, 26 Or App 879, 554 P2d 550 (1976)

Accident Preven­tion Division rule allowing cita­tion for "repeat viola­tion" of division's safety standards while prior cita­tion is contested and not yet upheld by final order is within agency's authority to promulgate rules consistent with purpose of Act to assure as far as possible safe and healthful working condi­tions. Accident Preven­tion Div. v. Hoffman Construc­tion, 64 Or App 73, 667 P2d 543 (1983)

Atty. Gen. Opinions

Inap­pli­ca­bil­i­ty of occupa­tional safety and health laws to inmates in prison work programs, (1996) Vol 48, p 134

1 Legislative Counsel Committee, CHAPTER 654—Occupational Safety and Health, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors654.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 654, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­654ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information