[House Report 116-302]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-302
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1309) 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; PROVIDING FOR
PROCEEDINGS DURING THE PERIOD FROM NOVEMBER 22, 2019, THROUGH DECEMBER
2, 2019; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE
RULES
_______
November 19, 2019.--Referred to the House Calendar and ordered to be
printed
_______
Mr. DeSaulnier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 713]
The Committee on Rules, having had under consideration
House Resolution 713, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1309, the
Workplace Violence Prevention for Health Care and Social
Service Workers Act, under a structured rule. The resolution
provides one hour of general debate on the bill equally divided
and controlled by the chair and ranking minority member of the
Committee on Education and Labor. The resolution waives all
points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 116-
37, modified by the amendment printed in Part A of this report,
shall be considered as adopted and the bill, as amended, shall
be considered as read. The resolution waives all points of
order against provisions in the bill, as amended. The
resolution makes in order only those further amendments printed
in part B of this report. Each such amendment may be offered
only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as
read, shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The resolution waives all
points of order against the amendments printed in part B of
this report. The resolution provides one motion to recommit
with or without instructions. Section 2 of the resolution
provides that on any legislative day during the period from
November 22, 2019, through December 2, 2019: the Journal of the
proceedings of the previous day shall be considered as
approved; and the Chair may at any time declare the House
adjourned to meet at a date and time to be announced by the
Chair in declaring the adjournment. The resolution provides
that the Speaker may appoint Members to perform the duties of
the Chair for the duration of the period addressed by section 2
of the resolution as though under clause 8(a) of rule I. The
resolution provides that each day during the period addressed
by section 2 of the resolution shall not constitute a calendar
or legislative day for the purposes of clause 7(c)(1) of rule
XXII. The resolution provides that it shall be in order at any
time on the legislative day of November 21, 2019, for the
Speaker to entertain motions that the House suspend the rules
as though under clause 1 of rule XV, and that the Speaker or
her designee shall consult with the Minority Leader or his
designee on the designation of any matter for consideration
pursuant to this section.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 1309 includes waivers of the following:
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of
increasing the deficit or reducing the surplus over the
five- or 10-year period.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Section 302(f) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority in excess of a 302(a) or
302(b) allocation of such authority.
Section 425 of the Congressional Budget Act,
which prohibits consideration of (1) any legislation
referred by a committee until the committee publishes
the CBO's statement on the direct costs of Federal
mandates and (2) any legislation that would increase
the direct costs of Federal intergovernmental mandates
beyond $50,000,000 (adjusted for inflation) unless the
legislation provides for new budget authority or the
legislation appropriates sufficient funds to cover the
new costs.
Although the resolution waives all points of order against
provisions in H.R. 1309, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 211
Motion by Mr. Cole to report an open rule. Defeated: 2-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... ............
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 1309 IN PART A CONSIDERED AS ADOPTED
1. Scott, Bobby (VA): Clarifies the scope of ``covered
facilities'' and ``covered services''.
SUMMARY OF THE AMENDMENTS TO H.R. 1309 IN PART B MADE IN ORDER
1. Hastings (FL), DeSaulnier (CA): Requires covered
employers to email their organization's workplace violence
prevention plan to the organization's staff, following
completion of annual training. (10 minutes)
2. DeSaulnier (CA), Hastings (FL): Includes procedures to
provide information about available trauma and related
counseling for employees in reporting, incident response, and
post-incident investigation procedures. (10 minutes)
3. Byrne (AL): Requires the Occupational Safety and Health
Administration to promulgate a final standard on workplace
violence prevention for health care and social service workers.
Requires OSHA to follow the established rulemaking process. (10
minutes)
4. Harder (CA): Ensures that nothing in this Act shall be
construed to limit or prevent healthcare workers from reporting
violent incidents to appropriate law enforcement. (10 minutes)
5. Levin, Andy (MI): Requires information about the bill's
anti-retaliation provision to be provided in its required
workplace violence and prevention training. (10 minutes)
6. Green, Al (TX): Requires the Secretary of Labor to
provide an annual report to Congress that would include
statistics and a summary from the annual report submitted to
the Secretary by employers. (10 minutes)
7. Brown (MD): States that additional training shall be
provided for covered employees who work with victims of
torture, trafficking, or domestic violence. (10 minutes)
8. Garcia, Sylvia (TX): Ensures that the annual evaluations
include changes based on informed findings by employers. (10
minutes)
9. Wexton (VA): Ensures that nothing in this Act shall be
construed to limit or diminish any protections in relevant
federal, state or local law related to domestic violence,
stalking, dating violence, and sexual assault. (10 minutes)
10. Delgado (NY): Directs OSHA to prioritize providing
technical assistance and advice to employers throughout the
first year of the Act to ensure businesses are in compliance.
(10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 1309 CONSIDERED AS ADOPTED
In section 102(1), redesignate subparagraphs (A) through (J)
as clauses (i) through (x), respectively, and adjust the
margins accordingly.
In section 102(1)(ix), as so redesignated, strike
``subparagraphs (A) through (H)'' and insert ``clauses (i)
through (viii)''.
In section 102(1), strike ``The term `covered facility'
includes the following:'' and insert the following:
(A) In general.--The term ``covered
facility'' includes the following:
In clause 102(1), add at the end the following:
(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).
In section 102(2), redesignate subparagraphs (A) through (D)
as clauses (i) through (iv), respectively, and adjust the
margins accordingly.
In section 102(2)(iii), as so redesignated, strike
``subparagraphs (A) and (B)'' and insert ``clauses (i) and
(ii)''.
In section 102(2), strike ``The term `covered service'
includes the following services and operations:'' and insert
the following:
(A) In general.--The term ``covered service''
includes the following services and operations:
In section 102(2), add at the end the following:
(B) Exclusion.--The term ``covered service''
does not include child day care services.
PART B--TEXT OF AMENDMENTS TO H.R. 1309 MADE IN ORDER
1. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes
Page 13, beginning on line 6, amend subparagraph (C) to read
as follows:
(C) Availability of plan.--
(i) In general.--Each Plan shall be--
(I) made available at all
times to the covered employees
who are covered under such
Plan; and
(II) to the extent possible,
emailed to each such employee
upon completion of the
employee's annual training
under paragraph (3)(A).
(ii) Rule of construction.--Nothing
in this subparagraph shall be construed
to serve in lieu of training or any
other requirements under this Act.
----------
2. An Amendment To Be Offered by Representative DeSaulnier of
California or His Designee, Debatable for 10 Minutes
Page 11, line 23, strike ``and''.
Page 11, line 25, strike the period and insert ``; and''.
Page 11, after line 25, insert the following:
(V) to provide employees with
information about available
trauma and related counseling.
----------
3. An Amendment To Be Offered by Representative Byrne of Alabama or His
Designee, Debatable for 10 Minutes
Strike all after section 1 and insert the following:
SECTION 2. FINDINGS.
Congress finds the following:
(1) In a 2016 report entitled, ``Workplace Safety and
Health: Additional Efforts Needed to Help Protect
Health Care Workers from Workplace Violence'', the
Government Accountability Office estimated over 730,000
cases of health care workplace assaults over the 5-year
span from 2009 through 2013, based on Bureau of Justice
Statistics data.
(2) The Bureau of Labor Statistics reported the
health care and social service industries experience
the highest rates of injuries caused by workplace
violence. Nurses, social workers, psychiatric, home
health, and personal care aides are all at increased
risk for injury caused by workplace violence.
(3) The Bureau of Labor Statistics reports that
health care and social service workers suffered 71
percent of all workplace violence injuries caused by
persons in 2017 and are more than 4 times as likely to
suffer a workplace violence injury than workers
overall.
(4) According to a September 2018 survey of 3,500
American emergency physicians conducted by the American
College of Emergency Physicians, 47 percent of
emergency room doctors have been physically assaulted
at work, and 8 in 10 report that this violence is
affecting patient care.
(5) Workplace violence in health care and social
service sectors is increasing. Bureau of Labor
Statistics data show that private sector injury rates
of workplace violence in health care and social service
sectors increased by 63 percent between 2006 and 2016.
(6) Studies have found that proper staff education
and the use of evidence based interventions (such as
effective communication with patients using de-
escalation techniques and noncoercive use of
medications) can reduce the risks to the safety of both
patients and staff, using least-restrictive measures.
(7) The Occupational Safety and Health Administration
in 2015 updated its ``Guidelines for Preventing
Workplace Violence for Healthcare and Social Service
Workers'', however, this guidance is not enforceable.
(8) Nine States have mandated that certain types of
health care facilities implement workplace violence
prevention programs. On April 1, 2018, the Division of
Occupational Safety and Health of the State of
California issued a comprehensive standard (``Workplace
Violence Prevention in Health Care'') that requires
health care facilities to implement a workplace
violence prevention plan.
(9) The Occupational Safety and Health Administration
(OSHA) received two petitions for rulemaking in July of
2016, calling on OSHA to promulgate a violence
prevention standard for health care and social service
sectors. On December 6, 2016, OSHA issued a Request for
Information (RFI) soliciting information on this issue.
On January 10, 2017, OSHA conducted a public meeting to
receive stakeholder input and to supplement the online
comments submitted in response to the RFI. At that
meeting, OSHA announced it accepted the petitions and
would develop a Federal standard to prevent workplace
violence in health care and social service settings.
OSHA's spring 2019 regulatory agenda listed a Small
Business Regulatory Enforcement Fairness Act Panel for
Prevention of Workplace Violence in Health Care and
Social Assistance.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Table of contents.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
Sec. 101. Final standard.
Sec. 102. Scope and application.
Sec. 103. Requirements for workplace violence prevention standard.
Sec. 104. Rules of construction.
Sec. 105. Other definitions.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
Sec. 201. Application of the workplace violence prevention standard to
certain facilities receiving Medicare funds.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
SEC. 101. FINAL STANDARD.
(a) In General.--The Secretary of Labor shall promulgate a
final standard on workplace violence prevention--
(1) to require certain employers in the healthcare
and social service sectors, and certain employers in
sectors that conduct activities similar to the
activities in the healthcare 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; and
(2) that may 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.
(b) Effective Date of Standard.--The final standard shall--
(1) take effect on a date that is not later than 60
days after promulgation, except that such final
standard may include a reasonable phase-in period for
the implementation of required engineering controls
that take effect after such date; and
(2) 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)).
(c) Educational Outreach.--
(1) During rulemaking.--During the period beginning
on the date the Secretary commences rulemaking under
this section and ending on the effective date of the
final standard promulgated under this section, the
Secretary of Labor shall engage in an educational
campaign for covered employees and covered employers
regarding workplace violence prevention in health care
and social service industries on the materials of the
Occupational Safety and Health Administration on
workplace violence prevention for such industries.
(2) Requirements of final standard.--Beginning on the
date on which the final standard is promulgated under
this section, the Secretary shall engage in an
educational campaign for covered employees and covered
employers on the requirements of such final standard.
SEC. 102. SCOPE AND APPLICATION.
In this title:
(1) Covered facility.--The term ``covered facility''
means a facility with respect to which the Secretary
determines that requirements of the final standard
promulgated under section 101(a) would be reasonably
necessary or appropriate, and which may include:
(A) Any hospital, including any specialty
hospital.
(B) Any residential treatment facility,
including any nursing home, skilled nursing
facility, hospice facility, and long-term care
facility.
(C) Any medical treatment or social service
setting or clinic at a correctional or
detention facility.
(D) Any community-based residential facility,
group home, and mental health clinic.
(E) Any psychiatric treatment facility.
(F) Any drug abuse or substance use disorder
treatment center.
(G) Any independent freestanding emergency
centers.
(H) Any facility described in subparagraphs
(A) through (G) operated by a Federal
Government agency and required to comply with
occupational safety and health standards
pursuant to section 1960 of title 29, Code of
Federal Regulations (as such section is in
effect on the date of enactment of this Act).
(2) Covered services.--The term ``covered service''
includes the following services and operations:
(A) Any services and operations provided in
home health care, home-based hospice, and home-
based social work.
(B) Any emergency medical services and
transport, including such services when
provided by firefighters and emergency
responders.
(C) Any services described in subparagraphs
(A) and (B) performed by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to section
1960 of title 29, Code of Federal Regulations
(as such section is in effect on the date of
enactment of this Act).
(D) Any other services and operations the
Secretary determines should be covered under
the standards promulgated under section 101.
(3) Covered employer.--
(A) In general.--The term ``covered
employer'' includes a person (including a
contractor, subcontractor, or a temporary
service firm) 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 a person to perform covered services
for the individual or a friend or 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 may include the
following requirements:
(1) Workplace violence prevention plan.--Not later
than 6 months after the date of promulgation of the
final standard under section 101(a), a covered employer
shall develop, implement, and maintain a written
workplace violence prevention 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 shall--
(i) subject to subparagraph (D), be
developed and implemented with the
meaningful participation of direct care
employees and, where applicable,
employee representatives, for all
aspects of the Plan;
(ii) be applicable 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; and
(iii) 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.
(B) Plan content.--Each Plan shall include
procedures and methods for the following:
(i) Identification of each individual
or the job title of each individual
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 may be--
(I) informed by past violent
incidents specific to such
covered facility or such
covered service; and
(II) conducted with--
(aa) representative
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, in a timely manner, hazards
that the employer creates or 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
the annual report described in
paragraph (5) that the employer
creates or controls.
(iv) Reporting, incident response,
and post-incident investigation
procedures, including procedures--
(I) for employees to report
to the employer 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; and
(IV) to provide medical care
or first aid to affected
employees.
(v) Procedures for emergency
response, including procedures for
threats of mass casualties and
procedures for incidents involving a
firearm or a dangerous weapon.
(vi) Procedures for communicating
with and educating of 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 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.
(viii) Procedures for conducting the
annual evaluation under paragraph (6).
(C) Availability of plan.--Each Plan shall be
made available at all times to the covered
employees who are covered under such Plan.
(D) Clarification.--The requirement under
subparagraph (A)(i) shall not be construed to
require that all direct care employees and
employee representatives participate in the
development and implementation of the Plan.
(2) Violent incident investigation.--
(A) In general.--As soon as practicable after
a workplace violence incident, of which a
covered employer has knowledge, the employer
shall conduct an investigation of such
incident, under which the employer shall--
(i) review the circumstances of the
incident and whether any controls or
measures implemented pursuant to the
Plan of the employer were effective;
and
(ii) solicit input from involved
employees, their representatives, and
supervisors, about the cause of the
incident, and whether further
corrective measures (including system-
level factors) could have prevented the
incident, risk, or hazard.
(B) Documentation.--A covered employer shall
document the findings, recommendations, and
corrective measures taken for each
investigation conducted under this paragraph.
(3) Education.--With respect to the covered employees
covered under a Plan of a covered employer, the
employer shall provide education to such employees who
may be exposed to workplace violence hazards and risks,
which meet the following requirements:
(A) Annual education includes information on
the Plan, including identified workplace
violence hazards, work practice control
measures, reporting procedures, record keeping
requirements, response procedures, and employee
rights.
(B) Additional hazard recognition education
for supervisors and managers to ensure they can
recognize high-risk situations and do not
assign employees to situations that predictably
compromise their safety.
(C) Additional education for each such
covered employee whose job circumstances has
changed, within a reasonable timeframe after
such change.
(D) Applicable new employee education prior
to employee's job assignment.
(E) All education provides such employees
opportunities to ask questions, give feedback
on such education, and request additional
instruction, clarification, or other followup.
(F) All education is provided in-person or
online and by an individual with knowledge of
workplace violence prevention and of the Plan.
(G) All education is appropriate in content
and vocabulary to the language, educational
level, and literacy of such covered employees.
(4) Recordkeeping and access to plan records.--
(A) In general.--Each covered employer
shall--
(i) maintain at all times records
related to each Plan of the employer,
including workplace violence risk and
hazard assessments, and identification,
evaluation, correction, and education
procedures;
(ii) maintain for a minimum of 5
years--
(I) a violent incident log
described in subparagraph (B)
for recording all workplace
violence incidents; and
(II) records of all incident
investigations as required
under paragraph (2)(B); and
(iii) make such records and logs
available, upon request, to covered
employees and their representatives 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))) and part 2
of title 42, Code of Federal
Regulations (as such part is in effect
on the date of enactment of this part),
and ensure that any such records and
logs 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 person'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 person's identity).
(B) Violent incident log description.--Each
violent incident log--
(i) shall be maintained by a 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;
(ii) may be based on a template
developed by the Secretary not later
than 1 year after the date of
promulgation of the standards under
section 101(a);
(iii) may include a description of--
(I) the violent incident
(including environmental risk
factors present at the time of
the incident);
(II) the date, time, and
location of the incident, names
and job titles of involved
employees;
(III) the nature and extent
of injuries to covered
employees;
(IV) a classification of the
perpetrator who committed the
violence, including whether the
perpetrator was--
(aa) a patient,
client, resident, or
customer of a covered
employer;
(bb) a family or
friend of a patient,
client, resident, or
customer of a covered
employer;
(cc) a stranger;
(dd) a coworker,
supervisor, or manager
of a covered employee;
(ee) a partner,
spouse, parent, or
relative of a covered
employee; or
(ff) any other
appropriate
classification;
(V) the type of violent
incident (such as type 1
violence, type 2 violence, type
3 violence, or type 4
violence); and
(VI) how the incident was
addressed;
(iv) not later than 7 days, depending
on the availability or condition of the
witness, after the employer learns of
such incident, shall contain a record
of each violent incident, which is
updated to ensure completeness of such
record;
(v) shall be maintained for not less
than 5 years; and
(vi) in the case of a violent
incident involving a privacy concern
case as defined in section
1904.29(b)(7) of title 29, Code of
Federal Regulations (as such section is
in effect on the date of enactment of
this Act), shall protect the identity
of employees in a manner consistent
with that section.
(C) Annual summary.--Each covered employer
shall prepare an annual summary of each violent
incident log for 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 the total number of violent
incidents, the number of recordable
injuries related to such incidents, and
the total number of hours worked by the
covered employees for such preceding
year;
(ii) be completed on a form provided
by the Secretary;
(iii) be posted for three 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 located in a conspicuous
place or places where notices to
employees are customarily posted; and
(v) not be altered, defaced, or
covered by other material by the
employer.
(5) 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) the implementation and effectiveness of
the Plan, including a review of the violent
incident log; and
(B) compliance with education required by
each standard described in section 101, and
specified in the Plan.
(6) Anti-retaliation.--
(A) Policy.--Each covered employer shall
adopt a policy prohibiting any person
(including an agent of the employer) from
discriminating or retaliating against any
employee 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.
(B) Enforcement.--Each violation of the
policy shall be enforced in the same manner and
to the same extent as a violation of section
11(c) of the Occupational Safety and Health Act
(29 U.S.C. 660(c)) is enforced.
SEC. 104. RULES OF CONSTRUCTION.
Notwithstanding section 18 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 667)--
(1) nothing in this title shall be construed to
curtail or limit authority of the Secretary under any
other provision of the law; and
(2) the rights, privileges, or remedies of covered
employees shall be in addition to the rights,
privileges, or remedies provided under any Federal or
State law, or any collective bargaining agreement.
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, 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 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.
(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) Alarm.--The term ``alarm'' means a mechanical,
electrical, or electronic device that can alert others
but does not rely upon an employee's vocalization in
order to alert others.
(7) Engineering controls.--
(A) In general.--The term ``engineering
controls'' means an aspect of the built space
or a device that removes or minimizes 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.
(8) 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.
(9) 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 psychiatric condition,
treatment and medication status, history of
violence, and known or recorded 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, to be
non-responsive to instruction, or to behave
unpredictably.
(10) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(11) 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.
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 at the
end the period 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 final standard on workplace violence
prevention required under section 101.
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4. An Amendment To Be Offered by Representative Harder of California or
His Designee, Debatable for 10 Minutes
Page 23, line 23, strike ``and''.
Page 24, line 2, strike the period and insert a semicolon.
Page 24, after line 2, insert the following:
(3) 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.
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5. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 14, line 19, insert ``anti-retaliation policies,'' after
``response procedures,''.
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6. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
Page 22, line 5, after ``(4)(C).'' insert the following:
``Not later than May 15 of each year, the Secretary shall
provide to Congress a report containing statistical data with
respect to, and a summary of, reports submitted to the
Secretary under this paragraph. The contents of the report of
the Secretary shall not disclose any confidential
information.''''
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7. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
Page 15, after line 7, insert the following:
(D) Additional training shall be provided for
each such covered employee whose job
circumstances require working with victims of
torture, trafficking, or domestic violence.
Page 15, line 8, redesignate subparagraph (D) as subparagraph
(E).
Page 15, line 11, redesignate subparagraph (E) as
subparagraph (F).
Page 15, line 15, redesignate subparagraph (F) as
subparagraph (G).
Page 15, line 23, redesignate subparagraph (G) as
subparagraph (H).
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8. An Amendment To Be Offered by Representative Garcia of Texas or Her
Designee, Debatable for 10 Minutes
Page 22, line 16, redesignate paragraph (7) as paragraph (8).
Page 22, after line 15, insert the following:
(7) Plan 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.
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9. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
Page 23, line 23, strike ``and''.
Page 24, line 2, strike the period and insert a semicolon.
Page 24, after line 2, insert the following:
(3) 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.
----------
10. An Amendment To Be Offered by Representative Delgado of New York or
His Designee, Debatable for 10 Minutes
Page 2, line 13, strike ``and''.
Page 2, line 20, strike the period and insert ``; and''.
Page 2, after line 20, insert the following:
(C) that provides for a period determined
appropriate by the Secretary, not to exceed 1
year, during which the Secretary shall
prioritize technical assistance and advice
consistent with section 21(d) of the
Occupational Safety and Health Act of 1970 (29
U.S.C. 670(d)) to employers subject to the
standard with respect to compliance with the
standard.
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