Hospital Workplace Violence Reporting Laws: New Protections for NJ Healthcare Workers

Healthcare workers face repeated threats, harassment by patients, and physical violence as part of their jobs. New reporting requirements are intended to improve incident reporting and support safer workplaces. 

Reporting requirements shape how hospitals respond after an incident occurs. Many healthcare workers who contact Brandon J. Broderick describe assaults or threats as something they were expected to accept, particularly in emergency departments and behavioral health units. Modern reporting laws take a different approach, treating these incidents as workplace safety issues that require documentation and corrective action. 

Hospital workplace violence reporting laws help protect employees by requiring workplace violence incidents to be reported and investigated. 

In this guide, we explain how reporting laws work, what reporting obligations hospitals have, how those requirements help protect healthcare workers, and when to reach out to an employment lawyer in New Jersey. 

Why Hospital Workplace Violence Remains a Serious Issue in New Jersey 

Healthcare workers face workplace violence at rates unmatched by almost any other profession in the United States. Although they make up about 10% of the workforce, they account for nearly 48% of all nonfatal workplace violence injuries. 

OSHA defines workplace violence as any act or threat of physical violence or harassment at the work site. The conduct ranges from verbal threats and intimidation to physical assault, and in the worst cases, homicide. Around 40% of healthcare workers reported at least one incident within the past two years. 

Common forms include:

• Physical assault by a patient, family member, or visitor.
• Verbal threats and intimidation.
• Harassment, including sexual harassment by patients.
• Use of weapons, including objects taken from the immediate work area.
• Threatening behavior is tied to drug-seeking or mental health crises.
• Violence between visitors or family members in the facility.
• Harassment by other employees.

The highest rates of workplace violence are reported in emergency departments, psychiatric units, residential treatment facilities, and nursing homes. Domestic workers who provide in-home care may face many of the same safety risks. 

The American College of Emergency Physicians has reported that workplace violence has increased over the past five years. In 2024, 91% of emergency physicians said they had been threatened or attacked at least once during the previous year. 

These incidents have lasting consequences for both employees and healthcare facilities. Many workers who reach out to Brandon J. Broderick tell us that an assault or threat affected their ability to keep working in the same environment. Staff turnover and shortages follow, with broader effects on patient care. 

Doctors who leave a practice often have to navigate non-compete restrictions before accepting another position. At the same time, many incidents remain unreported because employees fear retaliation or do not know how to report them. 

Reporting requirements and anti-retaliation protections help bring workplace violence to light. Better reporting gives regulators more accurate information and encourages hospitals to improve their safety practices. New Jersey began putting those protections in place in 2008. 

How New Jersey's Healthcare Worker Safety Law Protects Employees

The New Jersey Legislature passed the Prevention of Violence in Healthcare Facilities Act in 2008, codified at N.J.S.A. 26:2H-5.20. 

The law required covered facilities to establish prevention programs. For several years afterward, New Jersey remained one of a few states with a law addressing workplace violence in healthcare. Most other states continued to rely on the federal General Duty Clause to address the issue.

The statute was updated in 2022 to expand coverage and tighten requirements.

The law covers general and specialty hospitals, nursing homes, state and county psychiatric hospitals, and state developmental centers. Within six months of the effective date, each covered facility had to create a violence prevention committee. 

At least 50% of the members are required to be healthcare workers who provide direct patient care or otherwise have contact with patients. In facilities with collective bargaining, the law requires consultation with the bargaining agent on committee composition.

The committee has to develop and maintain a detailed prevention plan within 18 months. The plan must include an annual risk assessment that reviews factors such as:

• Facility layout and lighting.
• Access controls and security measures.
• Crime levels in the surrounding area.
• Alarm systems and communication equipment.
• Staffing levels, including security personnel.
• Patients, visitors, or others who may present a risk.
• Records of previous incidents.

Annual training must cover:

• De-escalation techniques.
• Safe restraint procedures.
• Incident reporting requirements.
• How to use safety and emergency devices.
• Resources available after the incident.

The training has to fit the actual risks of each work area. A psychiatric unit and a maternity ward receive different content rather than a single program.

The law also requires hospitals to keep detailed records of every workplace violence incident, including:

• The victim's job title.
• The status of the person responsible, such as a patient, visitor, or employee.
• A description of the incident.
• Any weapon used.
• The number of employees in the area.
• The actions taken by the facility afterward.

These records are not public under New Jersey's Open Public Records Act, which encourages accurate reporting without exposing victims. The 2008 law put a structural duty on facilities. In 2023, New Jersey added criminal penalties in addition to the workplace requirements.

The 2023 Health Care Heroes Violence Prevention Act and New Jersey Reporting Requirement  

Gov. Phil Murphy signed the Health Care Heroes Violence Prevention Act on May 8, 2023. 

Under the 2023 law, it is a criminal offense in New Jersey to intentionally threaten a healthcare professional or volunteer in a way that intimidates the worker or interferes with the worker's duties. The law also establishes enhanced criminal penalties for assault on a worker or volunteer at a licensed facility. 

Before 2023, an assault on a hospital nurse was prosecuted under ordinary statutes with no special status. New Jersey already provides similar protections for police officers, emergency medical workers, and firefighters. The law extends the approach by recognizing the heightened risk of workplace violence faced by the workers. 

The law protects employees working in licensed facilities and applies to a wide range of settings, including general and specialty hospitals or rehabilitation facilities. It covers nurses, physicians, technicians, social workers, and other direct-care staff, recognizing that protecting the workers also supports patient safety. 

Covered facilities are also required to post a notice warning visitors and patients that assaulting or threatening employees is a crime. It operates as a visible reminder rather than only a back-office requirement.

The 2023 law increases the criminal penalties for assaults against healthcare workers. Our attorneys often focus on what happens before an attack could have been prevented, not only what happens after one. The earlier law sets responsibilities for hospitals, while the 2023 law strengthens the criminal penalties for offenders. Federal law does not provide the same combination of protections. 

Current Protections for Nurses and Doctors Under New Jersey Safety Laws

Federal efforts have moved more slowly. OSHA's proposed Workplace Violence in Healthcare and Social Assistance standard was delayed several times before being moved to Long-Term Action in the agency's regulatory agenda. A final rule is not expected soon. 

While federal standards remain on hold, New Jersey already requires covered facilities to take steps to reduce workplace violence. The efforts also help identify broader safety concerns, like negligent hiring or retention claims involving dangerous coworkers. 

Workers are entitled to those protections, and facilities that fail to comply may face enforcement by the Department of Health or, for state and local public employees, the Public Employee Occupational Safety and Health Program (PEOSH). 

Retaliation protections are an important part of the law. The 2008 statute prohibits employers from taking adverse action against employees who report safety issues. A worker who is punished for filing an incident report may have a claim under both the statute and the Conscientious Employee Protection Act (CEPA). Confidentiality or NDA clauses do not prevent employees from reporting workplace harassment or unsafe conditions. 

The steps taken after an incident determine what evidence is available later. When building these cases, our specialists rely on documentation. It’s important to preserve as much information as possible.

• Promptly report the incident through the facility's reporting process.
• Request a copy of the facility's workplace violence prevention plan if one has not already been provided.
• Document what happened, including the names of witnesses, the location, the time, and any injuries.
• Seek medical attention and keep records of your treatment.
• Use any post-incident counseling resources offered by the facility.
• Consider filing a police report and, when appropriate, pursuing a criminal complaint under the 2023 Health Care Heroes Violence Prevention Act.
• Speak with a union representative if you are covered by a collective bargaining agreement.
• File a complaint with the New Jersey Department of Health or, for public-sector workers, the PEOSH if the hospital isn’t complying with the law.

Injured healthcare workers are covered by New Jersey workers' compensation, regardless of fault. Those benefits are available without proving the employer caused the incident. In some cases, a facility's failure to follow its legal obligations may also lead to additional claims.

New Jersey's laws address both prevention and accountability. One law sets responsibilities for healthcare facilities, while the other strengthens the criminal consequences for offenders. 

If you believe your employer failed to meet those responsibilities, contact us today for a free case evaluation.