-- The term “covered employer” does not include an individual who privately employs, in the individual’s residence, a person to perform covered services for the individual or a family member of the individual.

Workplace violence.

-- (1) In general.

-- The term “workplace violence” means any act of violence or threat of violence, without regard to intent, that occurs at a covered facility or while a covered employee performs a covered service.

(2) Exclusions.

-- The term “workplace violence” does not include lawful acts of self-defense or defense of others.

(3) Inclusions.

-- The term “workplace violence” includes:

(A) The threat or use of physical force against a covered employee that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, without regard to whether the covered employee sustains an injury, psychological trauma, or stress;

and (B) An incident involving the threat or use of a firearm or a dangerous weapon, including the use of common objects as weapons, without regard to whether the employee sustains an injury, psychological trauma, or stress.

Type 1 violence.

-- The term “type 1 violence” means:

(1) Workplace violence directed at a covered employee at a covered facility or while performing a covered service by an individual who has no legitimate business at the covered facility or with respect to such covered service;

and (2) Violent acts by any individual who enters the covered facility or worksite where a covered service is being performed with the intent to commit a crime.

Type 2 violence.

-- The term “type 2 violence” means workplace violence directed at a covered employee by customers, clients, patients, students, inmates, or any individual for whom a covered facility provides services or for whom the covered employee performs covered services.

Type 3 violence.

-- The term “type 3 violence” means workplace violence directed at a covered employee by a present or former employee, supervisor, or manager.

Type 4 violence.

-- The term “type 4 violence” means workplace violence directed at a covered employee by an individual who is not an employee, but has or is known to have had a personal relationship with such employee.

Threat of violence.

-- The term “threat of violence” means a statement or conduct that causes a person to fear for his or her safety because there is a reasonable possibility the person might be physically injured, and such statement serves no legitimate purpose.

Alarm.

-- The term “alarm” means a mechanical, electrical, or electronic device that does not rely upon an employee’s vocalization in order to alert others.

Dangerous weapon.

-- The term “dangerous weapon” means an instrument capable of inflicting death or serious bodily injury, regardless of whether such instrument was designed for that purpose.

Engineering controls.

-- (1) In general.

-- The term “engineering controls” means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between a covered employee and the hazard.

(2) Inclusions.

-- For purposes of reducing workplace violence hazards, the term “engineering controls” includes electronic access controls to employee occupied areas, weapon detectors (installed or handheld), enclosed workstations with shatter-resistant glass, deep service counters, separate rooms or areas for high-risk patients, locks on doors, removing access to or securing items that could be used as weapons, furniture affixed to the floor, opaque glass in patient rooms (which protects privacy, but allows the health care provider to see where the patient is before entering the room), closed-circuit television monitoring and video recording, sight-aids, and personal alarm devices.

Environmental risk factors.

-- (1) In general.

-- The term “environmental risk factors” means factors in the covered facility or area in which a covered service is performed that may contribute to the likelihood or severity of a workplace violence incident.

(2) Clarification.

-- Environmental risk factors may be associated with the specific task being performed or the work area, such as working in an isolated area, poor illumination or blocked visibility, and lack of physical barriers between employees and persons at risk of committing workplace violence.

Patient-specific risk factors.

-- The term “patient-specific risk factors” means factors specific to a patient that may increase the likelihood or severity of a workplace violence incident, including a patient’s mental status, treatment and medication status, history of violence as known  to a covered employee at a covered facility or while performing a covered service, use of drugs or alcohol as known to a covered employee at a covered facility or while performing a covered service, and any other conditions or disease processes that may cause the patient to experience confusion or disorientation, to be nonresponsive to instruction, or to behave unpredictably.

Commissioner.

-- The term “commissioner” means the Commissioner of Labor.

Work practice controls.

-- (1) In general.

-- The term “work practice controls” means procedures and rules that are used to effectively reduce workplace violence hazards.

(2) Inclusions.

-- The term “work practice controls” includes assigning and placing sufficient numbers of staff to reduce patient-specific Type 2 workplace violence hazards, provision of dedicated and available safety personnel such as security guards, employee training on workplace violence prevention methods and techniques to de-escalate and minimize violent behavior, and employee training on procedures for response in the event of a workplace violence incident and for post-incident response.

§21-3F-4.

Sec.Not later than one year after this law becomes effective, the Commissioner of Labor shall promulgate a standard on workplace violence prevention:

102.(1) To require certain employers in the health care and social service sectors and certain employers in sectors that conduct activities similar to the activities in the health care and social service sectors, to develop and implement a comprehensive workplace violence prevention plan to protect health care workers, social service workers, and other personnel from workplace violence;

Scopeand (2) To require that these plans, at a minimum, be based on the Guidelines for Preventing Workplace Violence for Healthcare and application.Social Service Workers published by the Occupational Safety and Health Administration of the Department of Labor in 2015.

Sec.§21-3F-5.

103.Requirements for workplace violence prevention standards.

RequirementsEach forstandard workplacedescribed violencein preventionsection standard.four of this article shall include, at a minimum, the following requirements:

Sec.(1) Workplace violence prevention plan.

104.-- Not later than six months after the date of promulgation of the final standard, a covered employer shall develop, implement, and maintain an effective written workplace violence prevention plan for covered employees at each covered facility controlled by the employer and for covered employees performing a covered service on behalf of such employer, which meet the following:

Rules(A) ofPlan construction.development.

Sec.-- Each plan shall:

105.(i) Be developed and implemented with the meaningful participation of direct care employees and, where applicable, employee representatives and collective bargaining representatives, for all aspects of the plan;

Other(ii) definitions.Be tailored and specific to conditions and hazards for the covered facility or the covered service, including patient-specific risk factors and risk factors specific to each work area or unit;

TITLEand II--AMENDMENTS(iii) TOBe THEsuitable SOCIALfor SECURITYthe ACTsize Sec.and complexity of operations at the covered facility or for the covered service, and remain in effect at all times.

201.(B) Plan content.

Application-- ofEach theplan workplaceshall violenceinclude preventionprocedures standardand tomethods certainfor facilitiesthe receivingfollowing: Medicare funds.

TITLE(i) I--WORKPLACEIdentification VIOLENCEof PREVENTIONthe STANDARDindividual SEC.responsible for implementation of the plan;

101.(ii) With respect to each work area and unit at the covered facility or while covered employees are performing the covered service, risk assessment and identification of workplace violence risks and hazards to employees exposed to such risks and hazards (including environmental risk factors and patient-specific risk factors), which shall be:

WORKPLACE(I) VIOLENCEInformed PREVENTIONby STANDARD.past violent incidents specific to such covered facility or such covered service;

(a) Interim Final Standard.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall issue an interim final standard on workplace violence prevention-- (A) to require certain employers in the health care and social(II) serviceConducted sectors,with, andat certain employers in sectors that conduct activities similar to the activities in the health care and social service sectors, to develop and implement a comprehensiveminimum. workplace violence prevention plan and carry out other activities or requirements described in section 103 to protect health care workers, social service workers, and other personnel from workplace violence;

(B)-- that(aa) shall,Direct atcare aemployees; minimum, be based on the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers published by the Occupational Safety and Health Administration of the Department of Labor in 2015 and adhere to the requirements of this title;

and(bb) (C)Where thatapplicable, provides for a period determined appropriate by the Secretary,representatives not to exceed 1 year, during which the Secretary shall prioritize technical assistance and advice consistent with section 21(d) of thesuch Occupationalemployees; Safety and Health Act of 1970 (29 U.S.C.

670(d))and to(cc) employersThe subjectemployer. to the standard with respect to compliance with the standard.

(2)(iii) InapplicableHazard provisionsprevention, ofengineering lawcontrols, and executivework order.--practice Thecontrols followingto provisionscorrect ofhazards lawin anda Executivetimely ordersmanner shallapplying notindustrial applyhygiene toprinciples the issuance of the interimhierarchy finalof standardcontrols, underwhich: this subsection:

(A)(I) TheMay requirementsinclude applicablesecurity toand occupationalalarm safetysystems, adequate exit routes, monitoring systems, barrier protection, established areas for patients and healthclients, standardslighting, underentry sectionprocedures, 6(b)staffing ofand theworking Occupationalin Safetyteams, and Healthsystems Actto ofidentify 1970and (29flag U.S.C.clients with a history of violence;

655(b)).and (II) Shall ensure that employers correct, in a timely manner, hazards identified in the annual report described in paragraph (5).

(B)(iv) TheReporting, requirementsincident ofresponse, chapters 5 and 6post-incident ofinvestigation titleprocedures, 5,including Unitedprocedures. States Code.

(C)-- Subchapter(I) IFor ofemployees chapterto 35report ofworkplace titleviolence 44,risks, Unitedhazards, Statesand Codeincidents; (commonly referred to as the ``Paperwork Reduction Act'').

(D)(II) ExecutiveFor Orderemployers No.to respond to reports of workplace violence;

12866(III) (58For Fed.employers to perform a post-incident investigation and debriefing of all reports of workplace violence with the participation of employees and their representatives;

Reg.and (IV) To provide medical care or first aid to affected employees.

51735;

relating to regulatory planning and review), as amended.

(3) Notice and comment.--Notwithstanding paragraph (2)(B), the Secretary shall, prior to issuing the interim final standard under this subsection, provide notice in the Federal Register of the interim final standard and a 30-day period for public comment.

(4) Effective date of interim standard.--The interim final standard shall-- (A) take effect on a date that is not later than 30 days after issuance, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date;

(B) be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C.

655(b));

and (C) be in effect until the final standard described in subsection (b) becomes effective and enforceable.

(5) Failure to promulgate.--If an interim final standard described in paragraph (1) is not issued not later than 1 year of the date of enactment of this Act, the provisions of this title shall be in effect and enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act (29 U.S.C.

655(b)) until such provisions are superseded in whole by an interim final standard issued by the Secretary that meets the requirements of paragraph (1).

(b) Final Standard.-- (1) Proposed standard.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C.

655), promulgate a proposed standard on workplace violence prevention-- (A) for the purposes described in subsection (a)(1)(A);

and (B) that shall include, at a minimum, requirements contained in the interim final standard promulgated under subsection (a).

(2) Final standard.--Not later than 42 months after the date of enactment of this Act, the Secretary shall issue a final standard on such proposed standard that shall-- (A) provide no less protection than any workplace violence standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C.

667), provided the Secretary finds that the final standard is feasible on the basis of the best available evidence;

and (B) be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C.

655(b)).

SEC.

102.

SCOPE AND APPLICATION.

In this title:

(1) Covered facility.-- (A) In general.--The term ``covered facility'' includes the following:

(i) Any hospital, including any specialty hospital, in-patient or outpatient setting, or clinic operating within a hospital license, or any setting that provides outpatient services.

(ii) Any residential treatment facility, including any nursing home, skilled nursing facility, hospice facility, Alzheimer's and memory care facility, and long-term care facility.

(iii) Any non-residential treatment or service setting.

(iv) Any medical treatment or social service setting or clinic at a correctional or detention facility.

(v) Any community care setting, including a community-based residential facility, group home, and mental health clinic.

(vi) Any psychiatric treatment facility.

(vii) Any drug abuse or substance use disorder treatment center.

(viii) Any independent freestanding emergency centers.

(ix) Any facility described in clauses (i) through (viii) operated by a Federal Government agency and required to comply with occupational safety and health standards pursuant to section of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act).

(x) Any other facility the Secretary determines should be covered under the standards promulgated under section 101.

(B) Exclusion.--The term ``covered facility'' does not include an office of a physician, dentist, podiatrist, or any other health practitioner that is not physically located within a covered facility described in clauses (i) through (x) of subparagraph (A).

(2) Covered services.-- (A) In general.--The term ``covered service'' includes the following services and operations:

(i) Any services and operations provided in any field work setting, including home health care, home-based hospice, and home-based social work.

(ii) Any emergency services and transport, including such services provided by firefighters and emergency responders.

(iii) Any services described in clauses (i) and (ii) performed by a Federal Government agency and required to comply with occupational safety and health standards pursuant to section of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act).

(iv) Any other services and operations the Secretary determines should be covered under the standards promulgated under section 101.

(B) Exclusion.--The term ``covered service'' does not include child day care services.

(3) Covered employer.-- (A) In general.--The term ``covered employer'' includes a person (including a contractor, subcontractor, a temporary service firm, or an employee leasing entity) that employs an individual to work at a covered facility or to perform covered services.

(B) Exclusion.--The term ``covered employer'' does not include an individual who privately employs, in the individual's residence, a person to perform covered services for the individual or a family member of the individual.

(4) Covered employee.--The term ``covered employee'' includes an individual employed by a covered employer to work at a covered facility or to perform covered services.

SEC.

103.

REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD.

Each standard described in section 101 shall include, at a minimum, the following requirements:

(1) Workplace violence prevention plan.--Not later than 6 months after the date of promulgation of the interim final standard under section 101(a), a covered employer shall develop, implement, and maintain an effective written workplace violence prevention plan (in this section referred to as the ``Plan'') for covered employees at each covered facility and for covered employees performing a covered service on behalf of such employer, which meets the following:

(A) Plan development.--Each Plan-- (i) shall be developed and implemented with the meaningful participation of direct care employees, other employees, and employee representatives, for all aspects of the Plan;

(ii) shall be tailored and specific to conditions and hazards for the covered facility or the covered service, including patient- specific risk factors and risk factors specific to each work area or unit;

(iii) shall be suitable for the size, complexity, and type of operations at the covered facility or for the covered service, and remain in effect at all times;

and (iv) may be in consultation with stakeholders or experts who specialize in workplace violence prevention, emergency response, or other related areas of expertise for all relevant aspects of the Plan.

(B) Plan content.--Each Plan shall include procedures and methods for the following:

(i) Identification of the individual and the individual's position responsible for implementation of the Plan.

(ii) With respect to each work area and unit at the covered facility or while covered employees are performing the covered service, risk assessment and identification of workplace violence risks and hazards to employees exposed to such risks and hazards (including environmental risk factors and patient-specific risk factors), which shall be-- (I) informed by past violent incidents specific to such covered facility or such covered service;

and (II) conducted with, at a minimum-- (aa) direct care employees;

(bb) where applicable, the representatives of such employees;

and (cc) the employer.

(iii) Hazard prevention, engineering controls, or work practice controls to correct hazards, in a timely manner, applying industrial hygiene principles of the hierarchy of controls, which-- (I) may include security and alarm systems, adequate exit routes, monitoring systems, barrier protection, established areas for patients and clients, lighting, entry procedures, staffing and working in teams, and systems to identify and flag clients with a history of violence;

and (II) shall ensure that employers correct, in a timely manner, hazards identified in any violent incident investigation described in paragraph (2) and any annual report described in paragraph (5).

(iv) Reporting, incident response, and post-incident investigation procedures, including procedures-- (I) for employees to report workplace violence risks, hazards, and incidents;

(II) for employers to respond to reports of workplace violence;

(III) for employers to perform a post-incident investigation and debriefing of all reports of workplace violence with the participation of employees and their representatives;

(IV) to provide medical care or first aid to affected employees;

and (V) to provide employees with information about available trauma and related counseling.

(vi) Procedures for communicating with and training theof covered employees on workplace violence hazards, threats, and work practice controls, the employer'semployer’s plan, and procedures for confronting, responding to, and reporting workplace violence threats, incidents, and concerns, and employee rights.

(vii) Procedures for--for (I) ensuring the coordination of risk assessment efforts, Planplan development, and implementation of the Planplan with other employers who have employees who work at the covered facility or who are performing the covered service;service.

and (II) determining which covered employer or covered employers shall be responsible for implementing and complying with the provisions of the standard applicable to the working conditions over which such employers have control.

(C) Availability of plan.--Eachplan. Plan shall be made available at all times to the covered employees who are covered under such Plan.

(2)-- ViolentEach incidentplan investigation.--shall (A)be Inmade general.--Asavailable soonat asall practicabletimes afterto athe workplacecovered violenceemployees incident,who risk,are or hazard of which a covered employerunder has knowledge, the employer shall conduct an investigation of such incident,plan. risk, or hazard under which the employer shall-- (i) review the circumstances of the incident, risk, or hazard, and whether any controls or measures implemented pursuant to the Plan of the employer were effective;

and(2) (ii)Violent solicitincident inputinvestigation. from involved employees, their representatives, and supervisors about the cause of the incident, risk, or hazard, and whether further corrective measures (including system-level factors) could have prevented the incident, risk, or hazard.

(B)-- Documentation.--A(A) coveredIn employergeneral. shall document the findings, recommendations, and corrective measures taken for each investigation conducted under this paragraph.

(3)-- TrainingAs andsoon education.--Withas respectpracticable toafter thea coveredworkplace employeesviolence coveredincident, underrisk, aor Planhazard of which a covered employer,employer has knowledge, the employer shall provideconduct trainingan andinvestigation educationof to such employeesincident, whorisk, mayor behazard exposedunder towhich workplacethe violenceemployer hazardsshall -- (i) Review the circumstances of the incident, risk, or hazard, and risks,whether whichany meetcontrols or measures implemented pursuant to the followingplan requirements:of the employer were effective;

(A)and Annual(ii) trainingSolicit andinput educationfrom shallinvolved includeemployees, informationtheir onrepresentatives, and supervisors, about the Plan,cause includingof identifiedthe workplaceincident, violencerisk, hazards,or workhazard, practiceand controlwhether measures,further reportingcorrective procedures,measures record(including keepingsystem-level requirements,factors) responsecould procedures,have anti-retaliationprevented policies,the andincident, employeerisk, rights.or hazard.

(B) AdditionalDocumentation. hazard recognition training shall be provided for supervisors and managers to ensure they-- (i) can recognize high-risk situations;

and-- (ii)A docovered notemployer assignshall employeesdocument tothe situationsfindings, thatrecommendations, predictablyand compromisecorrective themeasures safetytaken offor sucheach employees.investigation conducted under this paragraph.

(C)(3) AdditionalTraining trainingand shalleducation. be provided for each such covered employee whose job circumstances have changed, within a reasonable timeframe after such change.

(D)-- AdditionalWith trainingrespect to the covered employees covered under a plan of a covered employer, the employer shall beprovide providedtraining forand eacheducation to such coveredemployees employeewho whosemay jobbe circumstancesexposed requireto workingworkplace withviolence victimshazards ofand torture,risks, trafficking,which ormeet domesticthe violence.following requirements:

(E)(A) ApplicableAnnual training shalland beeducation providedincludes underinformation thison paragraphthe forplan, eachincluding newidentified coveredworkplace employeeviolence priorhazards, towork thepractice employee'scontrol jobmeasures, assignment.reporting procedures, record keeping requirements, response procedures, and employee rights;

(F)(B) AllAdditional traininghazard shallrecognition providetraining suchfor employeessupervisors opportunitiesand managers to askensure questions,they givecan feedbackrecognize onhigh-risk training,situations and requestdo additionalnot instruction,assign clarification,employees orto othersituations followup.that predictably compromise their safety;

(G)(C) AllAdditional training shallfor beeach providedsuch in-personcovered andemployee bywhose anjob individualcircumstances withhave knowledgechanged, ofwithin workplacea violencereasonable preventiontimeframe and of the Plan, except that any annual training described in subparagraph (A) provided to an employee after the first year such trainingchange; is provided to such employee may be conducted by live video if in- person training is impracticable.

(H)(D) AllNew employee training shallprior be appropriate in content and vocabulary to theassignment; language, educational level, and literacy of such covered employees.

(4)(E) RecordkeepingAll andtraining accessprovides tosuch planemployees records.--opportunities (A) In general.--Each covered employer shall-- (i) maintain for not less than 5 years-- (I) records related to eachask Planquestions, ofgive thefeedback employer,on includingsuch workplacetraining, violence risk and hazardrequest assessments,additional andinstruction, identification,clarification, evaluation,or correction,other andfollow-up; training procedures;

(II)(F) aAll violenttraining incidentis logprovided describedin-person inand subparagraphby (B)an forindividual recordingwith allknowledge of workplace violence incidents;prevention and of the plan;

and (III)(G) recordsAll oftraining allis incidentappropriate investigationsin ascontent requiredand undervocabulary paragraphto (2)(B);the language, educational level, and literacy of such covered employees.

and(4) (ii)(I)Recordkeeping make such records and logsaccess available, upon request, to coveredplan employeesrecords.-- and(A) theirIn representativesgeneral. for examination and copying in accordance with section 1910.1020 of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act), and in a manner consistent with HIPAA privacy regulations (defined in section 1180(b)(3) of the Social Security Act (42 U.S.C.

1320d-9(b)(3)))-- andEach partcovered 2employer ofshall: title 42, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act);

and(i) (II)Maintain ensureat thatall anytimes. such records and logs that may be copied, transmitted electronically, or otherwise removed from the employer's control for purposes of this clause omit any element of personal identifying information sufficient to allow identification of any patient, resident, client, or other individual alleged to have committed a violent incident (including the individual's name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals such individual's identity).

(B)-- Violent(I) incidentRecords logrelated description.--Eachto violent incident log shall-- (i) be maintained by a covered employer for each coveredplan facilityof controlled by the employeremployer, andincluding forworkplace eachviolence coveredrisk serviceand beinghazard performedassessments, byand aidentification, coveredevaluation, employeecorrection, onand behalftraining ofprocedures; such employer;

(ii)(II) beA basedviolent onincident alog templatedescribed developedin bysubparagraph the(B) Secretaryfor notrecording laterall thanworkplace 1violence yearincidents; after the date of enactment of this Act;

(iii)(III) include,Records atof aall minimum, a description of-- (I) the violent incident (includinginvestigations environmentalas riskrequired factorsunder presentparagraph at(2)(B); the time of the incident);

(II)and the(ii) date,Make time,such records and locationlogs ofavailable, theupon incident,request, to covered employees and thetheir namesrepresentatives for examination and jobcopying, titlesand in a manner consistent with HIPAA privacy regulations (defined in section 1180(b)(3) of involvedthe employees;Social Security Act (42 U.S.C.

(III)1320d-9(b)(3))) the nature and extentpart 2 of injuriestitle to42, coveredCode employees;of Federal Regulations.

(IV)(B) aViolent classificationincident oflog thedescription. perpetrator who committed the violence, including whether the perpetrator was-- (aa) a patient, client, resident, or customer of a covered employer;

(bb)-- aEach familyviolent memberincident orlog friendshall: of a patient, client, resident, or customer of a covered employer;

(cc)(i) Be maintained by a stranger;covered employer for each covered facility controlled by the employer and for each covered service being performed by a covered employee on behalf of such employer;

(dd)(ii) Be based on a coworker,template supervisor,developed orby managerthe commissioner not later than one year after the date of aenactment coveredof employee;this article;

(ee)(iii) aInclude, partner,at spouse,a parent,minimum, or relative of a covereddescription employee;of:

or(I) (ff)The anyviolent otherincident appropriate(including classification;environmental risk factors present at the time of the incident);

(V)(II) theThe typedate, oftime, violentand incidentlocation (suchof asthe typeincident, 1names violence,and typejob 2titles violence,of typeinvolved 3employees; violence, or type 4 violence);

and(III) (VI)Identification howof the incidentalleged wasindividual abated;who committed the violence, in a manner consistent with HIPAA privacy regulations (defined in section 1180(b)(3) of the Social Security Act (42 U.S.C.

(iv)1320d-9(b)(3))) notand laterpart than2 7 days after the employer learns of suchtitle incident,42, containCode a record of eachFederal violentRegulations; incident, which is updated to ensure completeness of such record;

(v)(IV) beThe maintainednature forand notextent lessof thaninjuries 5to years;covered employees;

and(V) (vi)The intype the case of a violent incident involving(such aas privacytype concern1 case,violence, protecttype the2 identityviolence, oftype employees3 inviolence, aor mannertype consistent4 withviolence); section 1904.29(b) of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act).

(C) Annual summary.-- (i) Covered employers.--Each covered employer shall prepare and submit(VI) toHow the Secretary an annual summary of each violent incident logwas forabated. the preceding calendar year that shall-- (I) with respect to each covered facility, and each covered service, for which such a log has been maintained, include-- (aa) the total number of violent incidents;

(bb)(iv) Not later than seven days after the numberemployer learns of recordablesuch injuriesincident, relatedcontain a record of each violent incident, which is updated to ensure completeness of such incidents;record;

and(v) (cc)Be themaintained totalfor numbernot ofless hoursthan workedfive byyears; the covered employees for such preceding year;

(II)and be(vi) completedIn onthe case of a formviolent providedincident byinvolving a privacy concern case, protect the Secretary;identity of employees.

(III)(C) beAnnual postedsummary. for 3 months beginning February 1 of each year in a manner consistent with the requirements of section 1904 of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act), relating to the posting of summaries of injury and illness logs;

(IV)-- be(i) locatedCovered inemployers. a conspicuous place or places where notices to employees are customarily posted;

and-- (V)Each notcovered beemployer altered,shall defaced,prepare oran coveredannual bysummary otherof material.each violent incident log for the preceding calendar year that shall:

(ii)(I) Secretary.--NotWith laterrespect thanto 1each yearcovered afterfacility, theand promulgationeach ofcovered theservice, interimfor finalwhich standardsuch undera sectionlog 101(a),has been maintained, include the Secretarytotal shallnumber makeof availableviolent aincidents, platformthe fornumber of recordable injuries related to such incidents, and the electronictotal submissionnumber of annualhours summariesworked requiredby underthe thiscovered subparagraph.employees for such preceding year;

(5)(II) AnnualBe report.--completed (A) Report to secretary.--Not later than February of each year, each covered employer shall report to the Secretary, on a form provided by the Secretary,commissioner; the frequency, quantity, and severity of workplace violence, and any incident response and post-incident investigation (including abatement measures) for the incidents set forth in the annual summary of the violent incident log described in paragraph (4)(C).

The(III) contentsBe ofposted thefor reportthree ofmonths thebeginning SecretaryFebruary to1 Congressof shalleach notyear; disclose any confidential information.

(B)(IV) ReportBe tolocated congress.--Notin latera thanconspicuous 6place monthsor afterplaces Februarywhere 15notices of each year, the Secretary shall submit to Congressemployees aare summarycustomarily ofposted; the reports received under subparagraph (A).

(6)and Annual(V) evaluation.--EachNot coveredbe employeraltered, shalldefaced, conductor an annual written evaluation, conducted with the full, active participation of covered employeesby andother employeematerial. representatives, of-- (A) the implementation and effectiveness of the Plan, including a review of the violent incident log;

and(ii) (B)Commissioner. compliance with training required by each standard described in section 101, and specified in the Plan.

(7)-- PlanNot updates.--Eachlater coveredthan employerone shallyear incorporateafter changesthe topromulgation of the Plan,final instandard aunder mannersection consistentfour, withthe paragraphcommissioner (1)(A)(i)shall andmake basedavailable ona findingsplatform fromfor the mostelectronic recentsubmission of annual evaluationsummaries conductedrequired under paragraphthis (6),paragraph. as appropriate.

(8)(5) Anti-retaliation.--Annual (A)report. Policy.--Each covered employer shall adopt a policy prohibiting any person (including an agent of the employer) from the discrimination or retaliation described in subparagraph (B).

(B)-- Prohibition.--NoNot coveredlater employerthan shallFebruary discriminate15 orof retaliateeach againstyear, anyeach employeecovered for--employer (i)shall reportingreport ato workplacethe violencecommissioner, incident,the threat,frequency, orquantity, concernand to,severity orof seekingworkplace assistanceviolence, orand interventionany withincident respectresponse toand suchpost-incident incident,investigation threat,(including orabatement concernmeasures from,for the employer,incidents) lawset enforcement,forth localin emergencythe services,annual orsummary aof local,the State,violent orincident Federallog governmentdescribed agency;in paragraph (4)(C).

or(6) (ii)Annual exercisingevaluation. any other rights under this paragraph.

(C)-- Enforcement.--ThisEach paragraphcovered employer shall beconduct enforcedan inannual thewritten sameevaluation, mannerconducted andwith to the samefull, extentactive asparticipation any standard promulgated under section 6(b) of thecovered Occupationalemployees Safety and Healthemployee Actrepresentatives, (29of: U.S.C.

655(b)).(A) The implementation and effectiveness of the plan, including a review of the violent incident log;

SEC.and (B) Compliance with training required by each standard described in section 101, and specified in the plan.

104.(7) Anti-retaliation.

RULES-- OF(A) CONSTRUCTION.Policy.

Notwithstanding-- sectionEach 18covered employer shall adopt a policy prohibiting any person (including an agent of the Occupationalemployer) Safetyfrom anddiscriminating Healthor Actretaliating ofagainst 1970any (29employee U.S.C.for reporting, or seeking assistance or intervention from, a workplace violence incident, threat, or concern to the employer, law enforcement, local emergency services, or a government agency, or participating in an incident investigation.

667)--(B) (1)Prohibition. nothing in this title shall be construed to curtail or limit authority of the Secretary under any other provision of the law;

(2)-- theNo rights,covered privileges,employer may discriminate or remediesretaliate ofagainst coveredany employeesemployee shallfor bereporting, inor additionseeking toassistance theor rights,intervention privileges,from, a workplace violence incident, threat, or remediesconcern providedto underthe anyemployer, Federallaw-enforcement, local emergency services, or Statea law,government agency, or for exercising any collectiveother bargainingrights agreement;under this paragraph.

(3)(C) nothingEnforcement. in this Act shall be construed to limit or prevent health care workers, social service workers, and other personnel from reporting violent incidents to appropriate law enforcement;

and-- (4)This nothingparagraph in this Act shall be construedenforced toin limitthe orsame diminishmanner anyand protectionsto inthe relevantsame Federal,extent State,as orany localstandard lawpromulgated relatedunder to--this (A)chapter. domestic violence;

(B)  stalking;NOTE:

(C)The datingpurpose violence;of this bill is to enact the Prevention of Violence Against Health Care and Social Service Workers Act.

Strike-throughs indicate language that would be stricken from a heading or the present law, and (D)underscoring sexualindicates assault.new language that would be added.

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OTHEREmail: DEFINITIONS.

InPhone: this title:

(1) Workplace violence.-- (A) In general.--The term ``workplace violence'' means any act of violence or threat of violence, without regard to intent, that occurs at a covered facility or while a covered employee performs a covered service.

(B) Exclusions.--The term ``workplace violence'' does not include lawful acts of self-defense or lawful acts of defense of others.

(C) Inclusions.--The term ``workplace violence'' includes-- (i) the threat or use of physical force against a covered employee that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, without regard to whether the covered employee sustains an injury, psychological trauma, or stress;

and (ii) an incident involving the threat or use of a firearm or a dangerous weapon, including the use of common objects as weapons, without regard to whether the employee sustains an injury, psychological trauma, or stress.

(2) Type 1 violence.--The term ``type 1 violence''-- (A) means workplace violence directed at a covered employee at a covered facility or while performing a covered service by an individual who has no legitimate business at the covered facility or with respect to such covered service;

and (B) includes violent acts by any individual who enters the covered facility or worksite where a covered service is being performed with the intent to commit a crime.

(3) Type 2 violence.--The term ``type 2 violence'' means workplace violence directed at a covered employee by customers, clients, patients, students, inmates, or any individual for whom a covered facility provides services or for whom the employee performs covered services.

(4) Type 3 violence.--The term ``type 3 violence'' means workplace violence directed at a covered employee by a present or former employee, supervisor, or manager.

(5) Type 4 violence.--The term ``type 4 violence'' means workplace violence directed at a covered employee by an individual who is not an employee, but has or is known to have had a personal relationship with such employee, or with a customer, client, patient, student, inmate, or any individual for whom a covered facility provides services or for whom the employee performs covered services.

(6) Threat of violence.--The term ``threat of violence'' means a statement or conduct that-- (A) causes an individual to fear for such individual's safety because there is a reasonable possibility the individual might be physically injured;

and (B) serves no legitimate purpose.

(7) Alarm.--The term ``alarm'' means a mechanical, electrical, or electronic device that does not rely upon an employee's vocalization in order to alert others.

(8) Dangerous weapon.--The term ``dangerous weapon'' means an instrument capable of inflicting death or serious bodily injury, without regard to whether such instrument was designed for that purpose.

(9) Engineering controls.-- (A) In general.--The term ``engineering controls'' means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between a covered employee and the hazard.

(B) Inclusions.--For purposes of reducing workplace violence hazards, the term ``engineering controls'' includes electronic access controls to employee occupied areas, weapon detectors (installed or handheld), enclosed workstations with shatter-resistant glass, deep service counters, separate rooms or areas for high-risk patients, locks on doors, removing access to or securing items that could be used as weapons, furniture affixed to the floor, opaque glass in patient rooms (which protects privacy, but allows the health care provider to see where the patient is before entering the room), closed-circuit television monitoring and video recording, sight-aids, and personal alarm devices.

(10) Environmental risk factors.-- (A) In general.--The term ``environmental risk factors'' means factors in the covered facility or area in which a covered service is performed that may contribute to the likelihood or severity of a workplace violence incident.

(B) Clarification.--Environmental risk factors may be associated with the specific task being performed or the work area, such as working in an isolated area, poor illumination or blocked visibility, and lack of physical barriers between individuals and persons at risk of committing workplace violence.

(11) Patient-specific risk factors.--The term ``patient- specific risk factors'' means factors specific to a patient that may increase the likelihood or severity of a workplace violence incident, including-- (A) a patient's treatment and medication status, and history of violence and use of drugs or alcohol;

and (B) any conditions or disease processes of the patient that may cause the patient to experience confusion or disorientation, be non-responsive to instruction, behave unpredictably, or engage in disruptive, threatening, or violent behavior.

(12) Secretary.--The term ``Secretary'' means the Secretary of Labor.

(13) Work practice controls.-- (A) In general.--The term ``work practice controls'' means procedures and rules that are used to effectively reduce workplace violence hazards.

(B) Inclusions.--The term ``work practice controls'' includes-- (i) assigning and placing sufficient numbers of staff to reduce patient-specific type 2 violence hazards;

(ii) provision of dedicated and available safety personnel such as security guards;

(iii) employee training on workplace violence prevention methods and techniques to de-escalate and minimize violent behavior;

and (iv) employee training on procedures for response in the event of a workplace violence incident and for post-incident response.

TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT SEC.

201.

APPLICATION OF THE WORKPLACE VIOLENCE PREVENTION STANDARD TO CERTAIN FACILITIES RECEIVING MEDICARE FUNDS.

(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.

1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (X), by striking ``and'' at the end;

(B) in subparagraph (Y), by striking the period at the end and inserting ``;

and'';

and (C) by inserting after subparagraph (Y) the following new subparagraph:

``(Z) in the case of hospitals that are not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under 18(b) of such Act) and skilled nursing facilities that are not otherwise subject to such Act (or such a State occupational safety and health plan), to comply with the Workplace Violence Prevention Standard (as promulgated under section 101 of the Workplace Violence Prevention for Health Care and Social Service Workers Act).'';

and (2) in subsection (b)(4)-- (A) in subparagraph (A), by inserting ``and a hospital or skilled nursing facility that fails to comply with the requirement of subsection (a)(1)(Z) (relating to the Workplace Violence Prevention Standard)'' after ``Bloodborne Pathogens standard)'';

and (B) in subparagraph (B)-- (i) by striking ``(a)(1)(U)'' and inserting ``(a)(1)(V)'';

and (ii) by inserting ``(or, in the case of a failure to comply with the requirement of subsection (a)(1)(Z), for a violation of the Workplace Violence Prevention standard referred to in such subsection by a hospital or skilled nursing facility, as applicable, that is subject to the provisions of such Act)'' before the period at the end.

(b) Effective Date.--The amendments made by subsection (a) shall apply beginning on the date that is 1 year after the date of issuance of the interim final standard on workplace violence prevention required under section 101.

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