Staffing Complaint - Oregon Health Authority Form
Click on the the COMPLAINT button to submit an OHA complaint regarding staffing. Your complaint must be submitted within 60 days of when the incident occured.
List American Federation of State, County and Municipal Employees (AFSCME), as your Collective Bargaining Unit.
When should I submit a complaint?
What is considered a valid complaint that OHA can investigate will depend in part on when hospitals are required to comply with certain sections of the bill. For example, a hospital is not required to have established a hospital professional and technical staffing committee until December 31, 2024. If OHA received a complaint on November 1, 2023, that a hospital had not established a professional and technical staffing committee, that would not be a valid complaint and OHA would not investigate. The key effective dates referenced above, help to provide a framework for when a complaint would be valid, and therefore could be investigated by OHA. When all aspects of the bill are effective, the complete list of valid complaints will be:
- Failure to establish a hospital professional and technical staffing committee or a hospital service staffing committee.
- Failure to create a professional and technical staffing plan or a hospital service staffing plan.
- Failure to adopt a nurse staffing plan by agreement or after binding arbitration.
- Failure to comply with the staffing level in the nurse staffing plan, including the nurse-to-patient staffing ratios, is not an allowed deviation under the bill.
- Failure to comply with the staffing level in the professional and technical staffing plan or the hospital service staffing plan and the failure is not an allowed deviation under the bill.
- Failure to comply with the staffing requirements for CNAs in the bill and the failure is not an allowed deviation under the bill.
- Failure to allow a staff person at a hospital to attend a staffing committee meeting because the staff person was not released from other hospital duties to attend the meeting.
- Requiring a nursing staff, except as allowed by ORS 441.166, to work:
- Beyond an agreed-upon prearranged shift regardless of the length of the shift;
- More than 48 hours in any hospital-defined work week;
- More than 12 hours in a 24-hour period; or
- During the 10-hour period immediately following the 12th hour worked during a 24-hour period
