New law effective July 1, 2025
Virginia hospitals must prepare to have a workplace violence incident reporting system and program in place by July 1, 2025. The new statute outlines the requirements of the program and what hospitals must to do to achieve compliance.
INCIDENT REPORTING SYSTEM AND RESPONSE REQUIREMENTS
The new statute, codified at Virginia Code Section 32.1-127(F)-(I), requires that hospitals document, track, and analyze any incident of workplace violence reported. Hospitals then use that same information to analyze trends, identify risk areas, and develop improvement plans in targeted areas. The reporting system must be clearly communicated to all employees (which includes providers with credentials) and include guidelines on when and how to report incidents of workplace violence to the employer, security agencies, and appropriate law enforcement authorities when warranted.
Specific documentation requirements are included. At a minimum, the report must include:
- Date and time of the incident;
- A description of the incident, including the job titles of the affected employee;
- Whether the perpetrator was a patient, visitor, employee, or other person;
- A description of whether the incident occurred;
- Information relating the type of incident, including whether the incident involved a physical attack, presence of weapons, physical force, sexual assault, or other information;
- The response and consequences to the incident, including any notification to security or law enforcement as well as any changes to hospital policy; and
- Information about the individual completing the report, including name and job title.
Hospitals are required to maintain a record of reported incidents of workplace violence for at least two years. The data must be shared with the chief medical officer and the chief nursing officer at least quarterly.
Hospitals must also report at least the number of reported incidents to the Department of Health annually.
STRATEGIES FOR COMPLIANCE
Hospitals may choose to incorporate the reporting requirements into existing reporting systems and may choose to report certain data to their contracted Patient Safety Organizations, if applicable.
The new law comes on the heels of ever-increasing coverage of incidents of workplace violence, which are significantly more prevalent in healthcare settings than in other industries. Many Virginia healthcare employers have already increased their focus on workplace violence prevention, in response to updated Joint Commission requirements, Occupational Safety and Health Administration (“OSHA”) guidance, and varying state and federal legislation.
In general, the Joint Commission and OSHA guidelines, which are based on industry best practices, recommend the inclusion of the following elements in any program designed to reduce the risk of workplace violence:
- Identification and Assessment of Existing and Potential Hazards
- Violence Prevention Program Developed by Management and Employees
- Records Analysis and Tracking to Identify Trends and Patterns
- Post-Incident Procedures and Services
- Safety and Health Training for Employees
- Ongoing Recordkeeping and Program Evaluation
Hancock Daniel’s Security, Workplace Violence, and Crisis Management Team has experience providing assistance in assessing or creating a compliant and effective workplace violence prevention program and our Patient Safety and PSOs team is available to assist with potential overlap and alignment with patient safety reporting. Our team provides the full continuum of services from risk assessment to crisis management as well as handling the legal, regulatory, and operational aspects resulting from safety related events occurring in the health care setting.
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The information contained in this advisory is for general educational purposes only. It is presented with the understanding that neither the author nor Hancock, Daniel & Johnson PC, is offering any legal or other professional services. Since the law in many areas is complex and can change rapidly, this information may not apply to a given factual situation and can become outdated. Individuals desiring legal advice should consult legal counsel for up-to-date and fact-specific advice. Under no circumstances will the author or Hancock, Daniel & Johnson PC be liable for any direct, indirect, or consequential damages resulting from the use of this material.
