Updated At 12:15 p.m., June 21, 2024 (Portland, Ore.) - On the first day of the illegal lockout by Providence, the Oregon Nurses Association (ONA) reports that the Oregon Health Authority (OHA) has confirmed ONA’s interpretation of Oregon’s nurse staffing law underlying its complaints against Providence. The letter from OHA, delivered to ONA late on June 20, comes as hundreds of nurses from six different Providence facilities across Oregon are picketing in front of their hospitals today and tomorrow in response to an illegal lockout of nurses.  

ONA has consistently communicated to Providence, since the negotiation of the safe staffing law in 2023, that adequate staffing is essential for nurse retention. This week, nurses visibly demonstrated the critical need for proper staffing levels through their three-day strike and continued picketing in the face of an illegal lockout of nurses.  

Safe staffing has been a key issue in contract negotiations, and Providence’s inability to meet these essential requirements, coupled with efforts to undermine the staffing law, significantly influenced the nurses’ decision to strike. 

Providence submitted staffing plans to OHA for approval that were never agreed upon by nurses and were unilaterally adopted by management without the required approval from the nurse staffing committee. According to OHA, such an action would violate Oregon’s staffing law, as ONA represented nurses have been claiming. Additionally, Providence’s proposals at the bargaining table sought to eliminate the legal requirement for staffing committee agreement, which nurses have steadfastly refused to accept. 

The OHA letter includes the following excerpts that illustrate these points: 

• "The NSC (nurse staffing committee) would need to vote to approve the amended NSP (nurse staffing plan) or new NSP with a quorum of members present and by a majority vote with an equal number of direct care staff and managers voting, in order for OHA to consider a plan to be adopted. See OAR 333-503-0005(2)(a)(A)." 
  

• "The new hospital staffing laws clearly require NSCs to develop a hospital-wide NSP that includes the nurse-to-patient statutory ratios (or an agreed upon deviation) and addresses the staffing for patients where the statutory ratios do not apply. See ORS 441.762. Hospitals are required to implement such plans. See ORS 441.763. A hospital that is implementing the nurse-to-patient statutory ratios but does not have an adopted NSP would be found in violation of ORS 441.792(2)(c) if a valid complaint is received." 
  

While ONA’s complaints against Providence are still pending, OHA’s statements are a vindication for ONA nurses and are a direct repudiation of Providence’s multiple public statements that they were not in violation of the state’s staffing law. 

ONA calls for Providence to be held accountable and to collaborate with nurses to meet patient needs and comply with state law and remains committed to ensuring safe staffing levels and protecting the rights and welfare of nurses.  

The ongoing lockout underscores the urgent need for Providence to engage in good faith negotiations to resolve these critical issues for the benefit of both patients and healthcare professionals.