What does WORKPLACE VIOLENCE PREVENTION STANDARD. of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This section mandates the Secretary of Labor to issue an interim final standard on workplace violence prevention within one year of the Act's enactment. The standard applies to employers in the health care and social service sectors, and those conducting similar activities, requiring them to develop and implement a workplace violence prevention plan. The interim final standard must be based on the 2015 Occupational Safety and Health Administration (OSHA) guidelines and include a period for technical assistance. Certain provisions of law and executive orders, including those related to occupational safety standards, chapter 5 and 6 of title 5, the Paperwork Reduction Act, and Executive Order No. 12866, are inapplicable to the interim final standard's issuance. The Secretary must provide a 30-day public comment period before issuing the interim final standard. The interim final standard will take effect within 30 days of issuance, with potential for a phase-in period for engineering controls. If the interim final standard is not issued within one year, existing provisions of this title will be enforced. Within two years of enactment, the Secretary must promulgate a proposed final standard, incorporating requirements from the interim final standard. The final standard, to be issued within 42 months of enactment, must provide at least as much protection as state-approved workplace violence standards, if deemed feasible.

What does SCOPE AND APPLICATION. of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This section defines the scope and application of the title. The term 'covered facility' includes various healthcare settings, such as hospitals and clinics. The term 'covered service' includes services provided in field work settings and emergency services. The term 'covered employer' includes persons who employ individuals to work at covered facilities or perform covered services. The term 'covered employee' includes individuals employed by covered employers to work at covered facilities or perform covered services.

What does REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD. of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This section establishes requirements for workplace violence prevention standards. Covered employers must develop, implement, and maintain a written workplace violence prevention plan within six months of the interim final standard's promulgation. The plan must be developed with the meaningful participation of direct care employees, other employees, and employee representatives. Plans must be tailored to specific conditions and hazards, including patient-specific risk factors. The plan must include procedures for risk assessment, hazard prevention, incident reporting, emergency response, and employee training. Employers are required to conduct investigations after workplace violence incidents and document findings and corrective measures. Employers must provide annual training and education to covered employees on workplace violence hazards and the plan. Employers must maintain records related to the plan, incident logs, and investigation findings for at least five years. Employers must submit an annual summary of violent incidents to the Secretary and a report to Congress. Employers must conduct an annual evaluation of the plan's implementation and effectiveness.

What does RULES OF CONSTRUCTION. of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This section provides rules of construction for the Act It clarifies that the Act does not limit the Secretary's authority under other laws It ensures that employees' rights are in addition to those under other laws or agreements It allows workers to report violent incidents to law enforcement without limitation It preserves protections under Federal, State, or local law for domestic violence, stalking, dating violence, and sexual assault

What does APPLICATION OF THE WORKPLACE VIOLENCE PREVENTION STANDARD TO of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This section amends the Social Security Act to require certain facilities to comply with the Workplace Violence Prevention Standard. The amendment applies to hospitals and skilled nursing facilities not subject to the Occupational Safety and Health Act of 1970. Facilities that fail to comply with the Workplace Violence Prevention Standard may face penalties.

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Workplace Violence Prevention for Health Care and Social Service Workers Act

Q: What does Preamble of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This bill, formally titled 'To direct the Secretary of Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan, and for other purposes,' aims to address workplace violence. The bill directs the Secretary of Labor to create a new occupational safety and health standard. The standard would apply to covered employers in the health care and social service industries. Covered employers would be required to develop and implement comprehensive workplace violence prevention plans.

Q: What does SHORT TITLE. of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This bill is formally titled the Workplace Violence Prevention for Health Care and Social Service Workers Act

Q: What does OTHER DEFINITIONS. of Workplace Violence Prevention for Health Care and Social Service Workers Act do?

This section defines key terms related to workplace violence. “Workplace violence” is defined as any act of violence or threat of violence, without regard to intent, occurring at a covered facility or while a covered employee performs a covered service, excluding lawful self-defense. The term “type 1 violence” refers to violence directed at a covered employee by someone without legitimate business at the facility. “Type 2 violence” is violence directed at employees by customers, clients, or patients. “Type 3 violence” involves violence by current or former employees. “Type 4 violence” is violence by individuals with a personal relationship with an employee or customers. A “threat of violence” is defined as a statement or conduct causing fear of physical injury and lacking a legitimate purpose. “Engineering controls” include measures like electronic access controls and shatter-resistant glass to reduce hazards. “Work practice controls” include staffing levels, security personnel, and employee training on de-escalation and response procedures.

Last updated: 4/1/2025 · Introduced: 4/1/2025

Author: Tammy Baldwin (D-WI)

TL;DR (AI)

The Secretary of Labor is required to issue an occupational safety and health standard that mandates covered employers in the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan.
Covered employers must develop, implement, and maintain a written workplace violence prevention plan within six months of the interim final standard's promulgation, with meaningful participation of direct care employees and other stakeholders.
The plan must include procedures for risk assessment, hazard prevention, incident reporting, emergency response, and employee training, and employers must conduct investigations after workplace violence incidents and document findings and corrective measures.
Employers are required to provide annual training and education to covered employees on workplace violence hazards and the plan, and maintain records related to the plan, incident logs, and investigation findings for at least five years.
The standard applies to employers in the health care and social service sectors, including hospitals, clinics, and field work settings, and those conducting similar activities, with the goal of providing at least as much protection as state-approved workplace violence standards.

119th Congressin committeeHR. 8541(In Committee)Official page

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