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PRINTER'S NO.
PRIOR PRINTER'S NO.
974 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
974 PRINTER'S NO.
1597 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
WILLIAMS, O'MARA, MALAGARI, RIVERA, CIRESI, DEASY, WARREN, CERRATO, DOUGHERTY, MULLINS AND SCHLOSSBERG, MARCH 17, 2025 REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 17, 2025 AN ACT Providing for violence prevention committees in health facilities, for duties of committees, for workplace violence Department of Labor and Industry;
WILLIAMS, O'MARA, MALAGARI, RIVERA, CIRESI, DEASY, WARREN, CERRATO, DOUGHERTY, MULLINS, SCHLOSSBERG, BOROWSKI, NEILSON, WAXMAN, MAYES, OTTEN, PARKER, ORTITAY, DALEY, SAPPEY, SMITH-WADE-EL, T.
DAVIS, MADDEN, FIEDLER, MEHAFFIE AND K.HARRIS, MARCH 17, 2025 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 5, 2025 AN ACT Providing for violence prevention committees in health facilities, for duties of committees, for workplace violence reporting requirements and for powers and duties of the Department of Labor and Industry;
"NONMANAGEMENT." CONCERNING AN EMPLOYEE WHO DOES NOT HAVE <-- THE AUTHORITY TO EXERCISE INDEPENDENT JUDGMENT IN THE AREAS OF HIRING, FIRING, DISCIPLINING OR TRANSFERRING OTHER EMPLOYEES.
The committee shall be led by two cochairs, one representing management and one representing the union employees and nonunion employees in the case of a health facility that has no union representing its employees.
The committee shall be led by two cochairs, one representing management and one representing the union 20250HB0926PN1597 - 2 - employees and nonunion employees in the case of a health facility that has no union representing its employees.
(2) At least 50% of the members of the committee shall be nonmanagerial employees primarily engaged in direct patient care or clinical care services or employees who 20250HB0926PN0974 - 2 - interface with the public.
(2) At least 50% of the members of the committee shall be nonmanagerial NONMANAGEMENT employees primarily engaged in <-- direct patient care or clinical care services or employees who interface with the public.
The committee shall have a proportional representation of union employees, selected by their union, and nonunion employees, elected by secret ballot by their peers.
The committee shall have a proportional representation of union employees, selected by <-- their union, and nonunion employees, NONMANAGEMENT EMPLOYEES <-- elected by secret ballot by their peers.
(4) THE COMMITTEE SHALL CONSIST OF AN EQUAL NUMBER OF <-- MANAGEMENT AND NONMANAGEMENT EMPLOYEES.
NONMANAGEMENT MEMBERS MUST MIRROR THE DEPARTMENTS AND UNITS THAT MANAGEMENT DESIGNATES AS MEMBERS TO THE COMMITTEE.
(a) Risk assessment evaluation.-- (1) Except as provided under paragraph (2), each committee shall perform an initial risk assessment based on an analysis of incidents of the prior five years and then annually thereafter, as well as an evaluation of the factors that may put an employee at risk of workplace violence.
(a) Risk assessment evaluation.-- (1) Except as provided under paragraph (2), each committee shall perform an initial risk assessment based on an analysis of incidents of the prior five years and then annually thereafter, as well as an evaluation of the factors 20250HB0926PN1597 - 3 - that may put an employee at risk of workplace violence.
20250HB0926PN0974 - 3 - (vi) The existence of uncontrolled public access to the workplace.
(vi) The existence of uncontrolled public access to the workplace.
(b) Review.--Each committee shall meet quarterly to review all incidents of workplace violence, to review compliance with the program and the effectiveness of the program, to initiate changes to the program where necessary and to perform any other duties required under this act.
(b) Review.--Each committee shall meet quarterly to review all incidents of workplace violence, to review compliance with the program and the effectiveness of the program, to initiate changes to the program where necessary and to perform any other 20250HB0926PN1597 - 4 - duties required under this act.
(1) Prepare a report from the risk assessment evaluation and establish a written violence prevention program to 20250HB0926PN0974 - 4 - mitigate risks based on the assessment.
(1) Prepare a report from the risk assessment evaluation and establish a written violence prevention program to mitigate risks based on the assessment.
(5) Promptly after adopting a violence prevention plan, file a copy of the plan with the department.
(5) Promptly after adopting a violence prevention plan, 20250HB0926PN1597 - 5 - file a copy of the plan with the department.
(a) Reporting.--An employee who reasonably believes that an incident of workplace violence has occurred shall report the occurrence of the incident in accordance with the violence prevention plan of the health facility unless the employee knows 20250HB0926PN0974 - 5 - a report has already been made.
(a) Reporting.--An employee who reasonably believes that an incident of workplace violence has occurred shall report the occurrence of the incident in accordance with the violence prevention plan of the health facility unless the employee knows a report has already been made.
(d) Maintenance of records.--A health facility shall maintain a report of an incident of workplace violence, including records or documents regarding the report, for a period of no less than three years.
(d) Maintenance of records.--A health facility shall maintain a report of an incident of workplace violence, 20250HB0926PN1597 - 6 - including records or documents regarding the report, for a period of no less than three years.
A report of an incident of workplace violence that is submitted to management or to the health facility shall be provided to the committee within 72 hours of the submission of 20250HB0926PN0974 - 6 - the report.
A report of an incident of workplace violence that is submitted to management or to the health facility shall be provided to the committee within 72 hours of the submission of the report.
(a) General rule.--If a health facility has engaged in conduct that causes or maintains a substantial risk of further workplace violence, including failing to implement the recommendations of a committee, a court may enjoin the health facility from engaging in the illegal activities and may order any other relief that is appropriate, including, but not limited to:
(a) General rule.--If a health facility has engaged in conduct that causes or maintains a substantial risk of further workplace violence, including failing to implement the recommendations of a committee, a court may enjoin the health 20250HB0926PN1597 - 7 - facility from engaging in the illegal activities and may order any other relief that is appropriate, including, but not limited to:
and 20250HB0926PN0974 - 7 - (6) attorney fees.
and (6) attorney fees.
(4) If an activity, policy or practice has been reported to management and, after reasonable opportunity for correction, the problem has not been corrected or resolved and an employee or a representative of the employees still believes that a violation of the workplace violence prevention program remains or that substantial risk of workplace violence exists, such employee or representative of the employees may request an inspection by giving notice to the department of such a violation or risk.
(4) If an activity, policy or practice has been reported to management and, after reasonable opportunity for correction, the problem has not been corrected or resolved and an employee or a representative of the employees still believes that a violation of the workplace violence prevention program remains or that substantial risk of 20250HB0926PN1597 - 8 - workplace violence exists, such employee or representative of the employees may request an inspection by giving notice to the department of such a violation or risk.
If the department finds such a complaint 20250HB0926PN0974 - 8 - to be credible, an inspection shall be made by the department.
If the department finds such a complaint to be credible, an inspection shall be made by the department.
(b) Inspections.--The department may obtain information to investigate an alleged violation of this act or determine compliance with this act, including entering and inspecting a health facility at a reasonable time for the purpose of interviewing employees and inspecting and obtaining copies of records, reports, documents or other information in any medium.
(b) Inspections.--The department may obtain information to investigate an alleged violation of this act or determine compliance with this act, including entering and inspecting a health facility at a reasonable time for the purpose of interviewing employees and inspecting and obtaining copies of 20250HB0926PN1597 - 9 - records, reports, documents or other information in any medium.
(2) Prevent any new provisions of a collective bargaining agreement which provides greater rights and protections from being implemented and applicable to an 20250HB0926PN0974 - 9 - employee.
(2) Prevent any new provisions of a collective bargaining agreement which provides greater rights and protections from being implemented and applicable to an employee.
The department shall adopt rules and regulations necessary to implement this act.
20250HB0926PN1597 - 10 - The department shall adopt rules and regulations necessary to implement this act.
20250HB0926PN0974 - 10 -
20250HB0926PN1597 - 11 -
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