Given the prevalence of workplace violence in nursing, it’s crucial for nurses to understand the legal and regulatory protections available to them. Knowing your rights and the steps to take if you encounter violence at work can help you stay safe and seek justice.
Most (64%) nurses across all license types reported verbal abuse, and 23% reported physical assault or abuse by a patient or a patient’s family member, according to our Nurse.com 2024 Nurse Salary and Work-Life Report.
Nurses have a variety of legal protections available to them when it comes to workplace violence. These protections come from state and federal laws, and regulations specific to the healthcare industry.
Understanding these legal frameworks is essential for nurses to advocate for their safety and seek justice if they experience workplace violence. Let’s explore what nurses need to know about legal and regulatory protections for workplace violence in nursing.
Regulatory frameworks on workplace violence in nursing
Currently, the Occupational Safety and Health Administration (OSHA) has no specific standard for workplace violence. However, under the Occupational Safety and Health Act of 1970, employers are required to provide a safe workplace, “free from serious recognized hazards.” OSHA’s Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers provide an overview of worker rights.
OSHA also has resources to help you properly evaluate your workplace to prevent or reduce the risk of violence. Workplace violence prevention programs are recommended, including risk assessments, staff training, incident reporting systems, and protocols for responding to violent incidents.
Nurses concerned about workplace violence in nursing should be aware of their rights under OSHA. Nurses can report concerns about workplace safety to their employer, or directly to OSHA if necessary.
The Joint Commission issued new and updated workplace violence prevention standards that went into effect on January 1, 2022. The standards provide guides to help hospitals establish effective workplace violence prevention programs. Key components include a process to report incidents, analyze trends, and report workplace violence incidents.
State-specific laws address workplace violence in nursing
State laws are being enacted to address the increase in violence against healthcare workers. Laws vary from state to state, but some may impose harsher penalties on individuals who threaten or assault healthcare workers.
These laws recognize the unique risks nurses and other healthcare professionals face and aim to deter violent behavior. Under New York state law, for example, assaulting a nurse is a Class D felony under certain conditions.
Florida recently increased penalties for assault or battery on hospital personnel. Other states, including Texas, require healthcare facilities to adopt workplace violence prevention plans.
Federal law protections have been introduced
There is currently no specific federal law on workplace violence in healthcare. However, federal law mandates that healthcare employers provide a safe work environment.
The General Duty Clause of the Occupational Safety and Health Act of 1970 requires employers to supply a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Courts have interpreted this as a legal obligation to provide a workplace free of conditions recognized as hazardous and cause or are likely to cause death or serious physical injury to employees, specifically when there’s a feasible method to mitigate these hazards.
Employers can be cited for failing to protect staff from known risks, such as workplace violence in nursing.
Federal legislation has been introduced to protect healthcare workers from violence, but so far unsuccessfully. For example, the Workplace Violence Prevention for Health Care and Social Service Workers Act was recently instituted, which would direct OSHA to issue a universal requirement where employers must implement a workplace violence prevention plan. The Safety from Violence for Healthcare Employees Act would establish legal penalties for assaulting or intimidating hospital workers, similar to the protections that already exist for airport workers and flight crews.
“It is high time that Congress acted to protect healthcare workers, who dedicate themselves to helping others,” said authors of a recent paper who advocate for the safety of healthcare workers.
The role of unions and professional organizations
Nurses may consider joining a union or professional organization such as the American Nurses Association, which advocates for the safety and rights of nurses. Key protections and resources offered by unions and professional organizations can include:
- Collective bargaining agreements: Unions often negotiate for workplace violence prevention measures in collective bargaining agreements, including staffing levels, security enhancements, and training programs.
- Legal representation: Nurses who are members of a union or professional organization may have access to legal representation if they want to file a complaint or take legal action related to workplace violence.
- Advocacy and policy development: Professional organizations advocate for stronger workplace violence laws and policies at the state and federal levels. They also provide resources, such as guidelines and toolkits, that nurses can use to create safer work environments.
Steps nurses can take to protect themselves
Here are some proactive steps nurses can take to protect themselves from workplace violence in nursing:
- Participate in workplace violence prevention training. Nurses can learn how to recognize warning signs of violence and de-escalate volatile situations. Training can also include how to report incidents and seek support afterward.
- Know your rights and reporting procedures. Nurses should be familiar with their rights under state and federal laws, as well as their employer’s policies on workplace violence. This includes knowing how to access resources such as counseling or legal assistance. Prompt reporting of violent incidents is crucial to ensure that appropriate actions are taken.
- Advocate for safe staffing levels. Inadequate staffing is a contributing factor to workplace violence in nursing. When nurses are understaffed, they’re more vulnerable to violent incidents. Nurses can directly communicate with management, or work with their union, to advocate for safe staffing within their facility.
- Seek legal advice when necessary. If you experience workplace violence in nursing and believe your legal risks have been violated, it may be helpful or even necessary to seek legal advice. This could include pursuing a claim under state law, seeking a protective order, or filing a complaint with OSHA. Legal representation can help nurses navigate these processes, ensuring their rights have been protected.
Workplace violence in nursing remains a significant concern, but nurses are not powerless in the face of this challenge. By understanding the legal protections available to them, nurses can ensure their safety and well-being.
Nurses should be familiar with state and federal legislation and regulatory requirements, given the continued threat of workplace violence in nursing. Understanding these rights empowers nurses to report incidents, access appropriate resources, and hold employers accountable for providing a safe work environment.
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