N.J. Admin. Code § 8:43E-11.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:43E-11.11 - Incident response, investigation and reporting

(a) A covered facility shall respond to violent acts, conduct incident investigations and prepare incident investigation reports in keeping with procedures specified by the violence prevention committee.

1. The procedures shall be in writing, easily understood by all employees and take into account issues of confidentiality, as determined by the violence prevention committee.

(b) A health care worker in a covered facility who is present during an incident of violence, or who is the first on the scene after such an incident occurs, shall act according to procedures established by the violence prevention committee.

1. Law enforcement officials shall be summoned, if necessary and in keeping with specified procedures, in order to assist victims, assess and secure the incident area, ensure the safety of everyone involved, protect evidence and reduce distractions during the incident response process.

(c) The incident investigation required by (a) above shall focus on fact-finding, prevention and corrective action rather than on assessing blame and/or fault finding.

(d) The incident investigation required by (a) above shall gather the following facts:

1. Date, time and location of the incident;

2. Identity, job title and job task of the victim;

3. Identity, if known, of the person who committed the violent act;

4. Description of the violent act, including whether a weapon was used;

5. Description of physical injuries, if any;

6. Number of employees in the vicinity when the incident occurred, if known, and their actions in response to the incident, if any;

7. Recommendations, if applicable, of police advisors, employees or consultants; and

8. Actions taken by the facility in response to the incident.

(e) A covered facility shall prepare a written incident investigation report for each violent act.

1. A covered facility shall provide written incident investigation reports, that have been de-identified as required by 8:43E-11.4(e)8, to the designated administrative representative and to the violence prevention committee according to established procedures.

i. The violence prevention committee shall decide if and when the de-identified data shall be aggregated.

2. The victim's identity shall not be included in the incident report if such identity would not be entered on NJOSH 300 (12:110-5.1 ) and the OSHA Log of Work-Related Injuries and Illnesses (OSHA 300 Log) required by 29 CFR Part 1904;

(f) After reviewing the de-identified incident reports, the covered facility, in collaboration with the violence prevention committee, shall encourage appropriate follow-up, consider changes in procedures and add elements to training as needed.

N.J. Admin. Code § 8:43E-11.11