[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8669 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8669

  To direct the Secretary of Labor to issue nonmandatory guidance on 
    reducing the threat of violence in the workplace, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2024

   Mr. Neguse (for himself, Ms. Williams of Georgia, Mr. Johnson of 
 Georgia, and Mr. Smith of Washington) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Labor to issue nonmandatory guidance on 
    reducing the threat of violence in the workplace, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Workplaces Act''.

SEC. 2. OSHA GUIDANCE ON REDUCING THE THREAT OF VIOLENCE IN THE 
              WORKPLACE.

    (a) Study.--The Director of the National Institute for Occupational 
Safety and Health shall conduct a study on reducing the threat of 
violence in the workplace.
    (b) Report.--Not later than 15 months after the date of the 
enactment of this Act, the Director shall submit to the Secretary of 
Labor, the Committee on Education and Labor of the House of 
Representatives, and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the results of the study conducted 
under subsection (a), which shall include recommendations that the 
Secretary of Labor shall consider when issuing the guidance described 
in subsection (c).
    (c) Guidance.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary of Labor, acting through 
        the Occupational Safety and Health Administration, shall issue 
        nonmandatory guidance on activities and work practice controls 
        that can be implemented by workplaces to reduce workplace 
        violence. Such guidance shall be differentiated to the extent 
        necessary to account for the unique characteristics of, and the 
        potential for threats of violence at, of each variety of 
        workplace, including grocery stores, retail stores, movie 
        theatres, hospitals, office buildings, restaurants and bars, 
        religious facilities, manufacturing facilities, mail 
        distribution centers, community centers, child care centers, 
        and schools.
            (2) Consideration.--In issuing the guidance required under 
        paragraph (1), the Secretary shall--
                    (A) consider the recommendations included in the 
                report required under subsection (b); and
                    (B) take into account engineering controls, 
                dangerous weapons, and environmental risk factors that 
                may impact a workplace.
    (d) Definitions.--In this Act:
            (1) 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.
            (2) 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 an 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, locks on doors, removing 
                access to or securing items that could be used as 
                weapons, furniture affixed to the floor, opaque glass, 
                closed-circuit television monitoring and video 
                recording, sight-aids, and personal alarm devices.
            (3) Environmental risk factors.--
                    (A) In general.--The term ``environmental risk 
                factors'' means factors in the facility or area in 
                which a 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.
            (4) 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.
            (5) 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 workplace violence 
                        directed at employees by customers, clients, 
                        patients, students, inmates, or any individual 
                        for whom the workplace provides services or for 
                        whom the employee performs services.
                            (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.
            (6) 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 workplace or 
                while an employee performs a 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 employee that results in or has a 
                        high likelihood of resulting in injury, 
                        psychological trauma, or stress, without regard 
                        to whether the 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.
                                 <all>