OAR 333-035-0165: Personnel Safety Program Requirements

(1) As used in this rule: (a) "Hazards" means potentially unsafe or dangerous conditions in or around the home health care setting, including but not limited to the presence of uncontrolled animals, persistent or periodic presence of individuals with history of aggressive behavior or substance use disorder, elevated rate of criminal activity, poor or unreliable cell phone coverage, and lack of timely law enforcement or emergency response capability. (b) "Home health care setting" means a place of temporary or permanent residence of an individual where hospice services are furnished to the individual. (c) "Safety check" means the process by which personnel can access, review, and apply safety-related information collected by the agency in accordance with this rule, and includes a mechanism for personnel to directly contact the agency to report safety concerns. (2) Effective May 1, 2026, a hospice program shall establish, implement, and maintain a workforce violence prevention program that includes, but is not limited to, the following requirements: (a) Intake risk assessment . A hospice program must collect information necessary to identify and assess health and safety-related risks and hazards in a home health care setting, including but not limited to: (A) Any act or threat of physical violence, harassment, intimidation, assault, homicide or any other threatening behavior where hospice services are provided to a patient; (B) Presence of pet(s) and if any, whether the pet(s) can be secured away from the area where care is provided, if requested by personnel; (C) Possible pest infestations, for example, rodents or insects; and (D) Whether the patient is willing to securely store any weapons that are present in the home health care setting before any visit from personnel. (b) Hospital discharge coordination . When a patient is discharged from a hospital and referred to a hospice program, the hospice program must develop and implement a plan to obtain any known patient history of violence within the last 12 months from the hospital as part of continuity of care. (c) Personnel notification . The hospice program must have a protocol, and implement the protocol, to share all information collected under subsections (2)(a) and (b) of this rule with personnel assigned to provide hospice services to the patient. (d) Training . A hospice program shall provide annual training on personnel safety. The training must be consistent with training for home health care workers endorsed by the National Institute for Occupational Safety and Health and the Occupational Safety and Health Administration and must include the following: (A) Recognizing hazards that are commonly found by personnel where hospice services are provided to a patient; and (B) How to manage hazards that are identified. (C) This training may be incorporated as part of the mandated requirements under ORS 654.414(4). (e) Quarterly safety assessments . A hospice program must conduct quarterly safety assessments with personnel who have been assigned to provide hospice services. A safety assessment may consist of the same criteria required under ORS 654.414(2) and (3). (f) Patient identification . A hospice program must provide personnel with information that may be used to verify the identity of a patient prior to an initial hospice visit. (g) Safety checks . A hospice program must provide a mechanism by which personnel can perform safety checks, including but not limited to use of a mobile application to access relevant safety-related information identified under subsections (2)(a) and (b) of this rules, use of communication devices that allow the employee to transmit one-way or two-way messages, or regular check-ins. (h) Policy development . A hospice program shall establish in writing and implement policy and procedures on personnel safety program requirements. The policy and procedures must be reviewed annually and include at a minimum: (A) Allowing personnel to perform data entry and chart updates at a time and place outside the location where hospice services are provided; (B) Allowing personnel to be accompanied by an escort, including but not limited to another employee, when there are concerns about the safety or security of the setting where hospice services are provided to the patient; (C) Employee notification about the availability of personnel safety training provided in accordance with subsection (2)(d) of this rule; and (D) Documenting in personnel records evidence of personnel safety training notification.