ORS 654.423: Use of physical force by health care employee in self-defense against assault.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Administrative rules citing this section
- OAR 437-001-0706: Recordkeeping for Health Care Assaults — implements
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
This rule cites
No citations extracted.
Cited by
- ORS 654.001: Short title.
- ORS 654.022: Duty to comply with safety and health orders, decisions and rules.
- ORS 654.025: Jurisdiction and supervision of Workers’ Compensation Board, director and other state agencies over employment and places of employment; rules.
- ORS 654.062: Notice of violation to employer by worker; complaint by worker to director; inspection; employee protections; rebuttable presumption; rules.
- ORS 654.067: Inspection of places of employment; comprehensive inspections; denial of access; warrants; safety and health consultation with employees.
- ORS 654.071: Citation for safety or health standard violations; effect of failure to correct violation; posting of citations and notices by employer.
- ORS 654.078: Contesting violations; hearing; admissibility in criminal or civil proceedings of stipulations involving violations.
- ORS 654.086: Civil penalty for violations; classification of violations; penalty adjustments; payment and disposition of penalty moneys; reporting.
- ORS 654.090: Occupational safety and health activities; voluntary compliance; rules; consultative services.
- ORS 654.101: Voluntary safety and health consultation; refusal to disclose report.
- ORS 654.120: Records of proceedings; confidentiality of certain information; federal reporting requirements; rules.
- ORS 654.170: Stairway railings and guards not required for certain public and historic buildings.
- ORS 654.251: Assistance to director from other state agencies; inspection of farm labor camps and facilities.
- ORS 654.285: Admissibility of rules and orders of department in evidence in proceedings under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780.
- ORS 654.290: Applicability of Administrative Procedures Act; Administrative Law Judge qualifications.
- ORS 654.293: Representation of employer by attorney permitted.
- ORS 654.295: Application of Oregon Safe Employment Act.
- ORS 654.310: Places of employment; compliance with applicable orders, rules.
- ORS 654.412: Definitions for ORS 654.412 to 654.423.
- ORS 654.991: Penalties.
- ORS 656.708: Hearings Division; duties.
- ORS 656.726: Duties and powers to carry out workers’ compensation and occupational safety laws; rules.
- OAR 437-001-0706: Recordkeeping for Health Care Assaults
- OAR 839-003-0005: Definitions: Employment and Public Accommodation
- OAR 839-003-0025: Filing a Complaint: Employment (other than OSEA) and Public Accommodation
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors654.html