Title 23
Health and Safety

Chapter 17.28
Hospital Workplace Violence Protection Act

§ 23-17.28-6. Retention of records.

(a) A hospital shall maintain a record of assaults committed against employees that occur on the premises of the hospital. The record shall include, but need not be limited to, the following:

(1) The name of the hospital and address of the premises on which each assault occurred;

(2) The date, time, and specific location where the assault occurred;

(3) The name, job title, and department or unit assignment of the employee who was assaulted;

(4) A physical description and identity, if known, of the person who committed the assault, and whether the assailant was a patient, visitor, employee, or other category;

(5) A description of the assaultive behavior as:

(i) An assault with mild soreness, surface abrasions, scratches, or small bruises;

(ii) An assault with major soreness, cuts, or large bruises;

(iii) An assault with severe lacerations, a bone fracture, or a head injury; or

(iv) An assault with loss of limb or death;

(6) A description of the physical injury;

(7) A description of any weapon used;

(8) The number of employees and witnesses in the immediate area of the assault when it occurred; and

(9) A description of actions taken by the employees and the hospital in response to the assault.

(b) A hospital shall maintain the records generated as a result of compliance with subsection (a) for no fewer than five (5) years following any reported incident.

(c) Upon the request of an employee directly involved in a reported incident, the hospital shall generate and make available to the requesting employee a full report including the information in the record required under subsection (a).

(d) Upon the request of an employee representative or of a workplace safety committee conducting a review, the hospital shall generate and make available to the requesting party a full report including:

(1) The information in the record required under subsection (a) excluding the name of the reporting employee; and

(2) Information regarding work-related injuries and illnesses recorded by the hospital to comply with applicable federal health and safety recordkeeping requirements.

(e) The director shall adopt by rule a common recording form for the purposes of this section.