-- 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.

(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 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.

(6) 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 that 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, regardless of 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 employees 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 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.

(12) Commissioner.

-- The term “Commissioner” means the Commissioner 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 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 method 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.

§21-3E-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 work-place 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.§21-3E-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 (I) Informed by past violent incidents specific to such covered facility or such covered service;

WORKPLACEand VIOLENCE(II) PREVENTIONConducted STANDARD.with, at a minimum -- (aa) Direct care employees;

(a)(bb) InterimWhere Finalapplicable, Standard.-- (1) In general.--Not later than 1 year after the daterepresentatives of enactmentsuch ofemployees; 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 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 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 shall, at a minimum, be based on the Guidelines for Preventing Workplace Violence for Healthcare and Social(cc) ServiceThe Workersemployer. published by the Occupational Safety and Health Administration of the Department of Labor in 2015 and adhere to the requirements of this title;

and(iii) (C)Hazard thatprevention, providesengineering forcontrols, aand periodwork determinedpractice appropriatecontrols by the Secretary, not to exceedcorrect 1hazards year,in duringa whichtimely themanner Secretaryapplying shallindustrial prioritizehygiene technicalprinciples assistance and advice consistent with section 21(d) of the Occupationalhierarchy Safety and Health Act of 1970controls, (29which; U.S.C.

670(d))(I) toMay employersinclude subjectsecurity toand thealarm standardsystems, withadequate respectexit routes, monitoring systems, barrier protection, established areas for patients and clients, lighting, entry procedures, staffing and working in teams, and systems to complianceidentify and flag clients with thea standard.history of violence;

(2) Inapplicable provisions of law and executive(II) order.--Shall Theensure followingthat provisionsemployers ofcorrect, lawin anda Executivetimely ordersmanner, shallhazards notidentified applyin to the issuanceannual ofreport thedescribed interimin finalparagraph standard(5). under this subsection:

(A)(iv) TheReporting, requirementsincident applicableresponse, to occupational safety and healthpost-incident standardsinvestigation underprocedures, sectionincluding 6(b)procedures-- of(I) theFor Occupationalemployees Safetyto andreport Healthworkplace Actviolence ofrisks, 1970hazards, (29and U.S.C.incidents;

655(b)).(II) For employers to respond to reports of workplace violence;

(B)(III) TheFor requirementsemployers ofto chaptersperform 5a post-incident investigation and 6debriefing of titleall 5,reports Unitedof Statesworkplace Code.violence with the participation of employees and their representatives;

(C)and Subchapter(IV) ITo ofprovide chaptermedical 35care ofor titlefirst 44,aid United States Code (commonly referred to asaffected theemployees. ``Paperwork Reduction Act'').

(D) Executive Order No.

12866 (58 Fed.

Reg.

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'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, Plan development, and implementation of the Plan 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 withhas 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 trainingup. 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.

(G) All training is appropriate in content and (III)vocabulary recordsto ofthe alllanguage, incidenteducational investigationslevel, asand requiredliteracy underof paragraphsuch (2)(B);covered employees.

and(4) (ii)(I)Recordkeeping makeand suchaccess recordsto andplan logsrecords.-- available,(A) uponIn request,general.-- toEach covered employeesemployer andshall-- their(i) representativesMaintain forat examinationall andtimes-- copying(I) inRecords accordancerelated withto sectioneach 1910.1020Plan of title 29, Code of Federal Regulations (as such section is in effect on the dateemployer, ofincluding enactmentworkplace ofviolence thisrisk Act), and inhazard aassessments, mannerand consistentidentification, withevaluation, HIPAAcorrection, privacyand regulationstraining (definedprocedures; in section 1180(b)(3) of the Social Security Act (42 U.S.C.

1320d-9(b)(3)))(II) andA partviolent 2incident oflog titledescribed 42, Code of Federal Regulations (as such part is in effectsubparagraph on(B) thefor daterecording ofall enactmentworkplace ofviolence thisincidents; Act);

and (II)(III) ensureRecords that any such records and logs that may be copied, transmitted electronically, or otherwise removed from the employer's control for purposes of thisall 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 (includinginvestigations theas individual'srequired name,under address,paragraph electronic(2)(B); 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)and Violent(ii) incidentMake logsuch description.--Eachrecords violentand incidentlogs logavailable, shall--upon (i)request, beto maintainedcovered byemployees aand coveredtheir employerrepresentatives for eachexamination coveredand facilitycopying, controlledand byin thea employermanner andconsistent forwith eachHIPAA coveredprivacy serviceregulations being(defined performedin bysection a1180(b)(3) coveredof employeethe onSocial behalfSecurity ofAct such(42 employer;U.S.C.

(ii)1320d-9(b)(3))) beand basedpart on2 aof templatetitle developed42, byCode the Secretary not later than 1 year after the date of enactmentFederal ofRegulations. this Act;

(iii)(B) include,Violent atincident alog minimum,description.--Each violent incident log shall-- (i) Be maintained by a descriptioncovered of--employer (I)for each covered facility controlled by the violentemployer incidentand (includingfor environmentaleach riskcovered factorsservice presentbeing atperformed theby timea covered employee on behalf of thesuch incident);employer;

(II)(ii) theBe date,based time,on anda locationtemplate ofdeveloped by the incident,Commissioner andnot thelater namesthan andone jobyear titlesafter the date of involvedenactment employees;of this article;

(III)(iii) theInclude, natureat anda extentminimum, ofa injuriesdescription toof-- covered(I) employees;The violent incident (including environmental risk factors present at the time of the incident);

(IV)(II) aThe classificationdate, oftime, theand perpetratorlocation whoof committed the violence,incident, includingnames whetherand thejob perpetratortitles was-- (aa) a patient, client, resident, or customer of ainvolved coveredemployees; employer;

(bb)(III) aIdentification familyof memberthe oralleged friendindividual ofwho committed the violence, in a patient,manner client,consistent resident,with orHIPAA customerprivacy regulations (defined in section 1180(b)(3) of athe coveredSocial employer;Security Act (42 U.S.C.

(cc)1320d-9(b)(3))) aand stranger;part 2 of title 42, Code of Federal Regulations;

(dd)(IV) aThe coworker,nature supervisor,and orextent manager of ainjuries to covered employee;employees;

(ee)(V) aThe partner,type spouse,of parent,violent orincident relative(such ofas atype covered1 employee;violence, type 2 violence, type 3 violence, or type 4 violence);

orand (ff)(VI) anyHow otherthe appropriateincident classification;was abated;

(V)(iv) Not later than seven days after the typeemployer learns of violentsuch incidentincident, (suchcontain asa typerecord 1of violence,each typeviolent 2incident, violence,which typeis 3updated violence,to orensure typecompleteness 4of violence);such record;

and(v) (VI)Be howmaintained thefor incidentnot wasless abated;than five years;

(iv)and not(vi) laterIn than 7 days after the employercase learns of such incident, contain a recordviolent ofincident eachinvolving violenta incident,privacy whichconcern iscase, updatedprotect tothe ensureidentity completeness of suchemployees. record;

(v)(C) beAnnual maintainedsummary. for not less than 5 years;

and-- (vi)(i) inCovered theemployers. case of a violent incident involving a privacy concern case, protect the identity of employees in a manner consistent with 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)-- AnnualEach summary.-- (i) Covered employers.--Each covered employer shall prepare and submit to the Secretary an annual summary of each violent incident log for the preceding calendar year that shall--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)(I) With respect to each covered facility, and each covered service, for which such a log has been maintained, include the total number of violent incidents, the number of recordable injuries related to such incidents;incidents, and the total number of hours worked by the covered employees for such preceding year;

and(II) (cc)Be thecompleted totalon numbera ofform hoursprovided worked by the coveredCommissioner; employees for such preceding year;

(II)(III) beBe completedposted onfor three months beginning February 1 of each year (IV) Be located in a formconspicuous providedplace byor theplaces Secretary;where notices to employees are customarily posted;

(III)and be(V) postedNot forbe 3altered, monthsdefaced, beginningor Februarycovered 1by ofother eachmaterial. 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)(ii) beCommissioner. located in a conspicuous place or places where notices to employees are customarily posted;

and-- (V)Not notlater bethan altered,one defaced,year orafter coveredthe bypromulgation otherof material.the final standard under section four, the Commissioner shall make available a platform for the electronic submission of annual summaries required under this paragraph.

(ii)(5) Secretary.--NotAnnual laterreport. than 1 year after the promulgation of the interim final standard under section 101(a), the Secretary shall make available a platform for the electronic submission of annual summaries required under this subparagraph.

(5)-- AnnualNot report.-- (A) Report to secretary.--Not later than February 15th of each year, each covered employer shall report to the Secretary,Commissioner, on a form provided by the Secretary, the frequency, quantity, and severity of workplace violence, and any incident response and post-incident investigation (including abatement measures)measures for the incidentsincidents) set forth in the annual summary of the violent incident log described in paragraph (4)(C).

The(6) contentsAnnual ofevaluation. the report of the Secretary to Congress shall not disclose any confidential information.

(B)-- ReportEach tocovered congress.--Notemployer latershall thanconduct 6an monthsannual afterwritten Februaryevaluation, 15conducted ofwith each year, the Secretaryfull, shallactive submitparticipation to Congress a summary of thecovered reportsemployees receivedand underemployee subparagraphrepresentatives, (A).of:

(6) Annual evaluation.--Each covered employer shall conduct an annual written evaluation, conducted with the full, active participation of covered employees and employee representatives, of-- (A) theThe implementation and effectiveness of the Plan,plan, including a review of the violent incident log;

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

(7) PlanAnti-retaliation. updates.--Each covered employer shall incorporate changes to the Plan, in a manner consistent with paragraph (1)(A)(i) and based on findings from the most recent annual evaluation conducted under paragraph (6), as appropriate.

(8)-- Anti-retaliation.-- (A) Policy.--EachPolicy. 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.--NoEach covered employer shall discriminateadopt ora retaliatepolicy againstprohibiting any employeeperson for--(including (i)an reportingagent aof workplacethe violenceemployer) incident,from threat,discriminating or concernretaliating to,against any employee for reporting, or seeking assistance or intervention withfrom, respecta toworkplace suchviolence incident, threat, or concern from,to the employer, law enforcement, local emergency services, or a local,government State,agency, or Federalparticipating governmentin agency;an incident investigation.

or(B) (ii)Prohibition. exercising any other rights under this paragraph.

(C)-- Enforcement.--ThisNo paragraphcovered shallemployer bemay enforceddiscriminate inor theretaliate sameagainst mannerany andemployee for reporting, or seeking assistance or intervention from, a workplace violence incident, threat, or concern to the sameemployer, extentlaw-enforcement, aslocal anyemergency standardservices, promulgatedor undera sectiongovernment 6(b)agency, ofor thefor Occupationalexercising Safetyany andother Healthrights Actunder (29this U.S.C.paragraph.

655(b)).(C) Enforcement.

SEC.-- This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under this chapter.

104.  NOTE:

RULESThe OFpurpose CONSTRUCTION.of this bill is to enact the Prevention of Violence Against Health Care and Social Service Workers Act.

NotwithstandingStrike-throughs sectionindicate 18language ofthat would be stricken from a heading or the Occupationalpresent Safetylaw and Healthunderscoring Actindicates ofnew 1970language (29that U.S.C.would be added.

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(3)Email: nothing 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;

andPhone: (4) nothing in this Act shall be construed to limit or diminish any protections in relevant Federal, State, or local law related to-- (A) domestic violence;

(B) stalking;

(C) dating violence;

and (D) sexual assault.

SEC.

105.

OTHER DEFINITIONS.

In 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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