[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.
                              ----------                              


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.
                              ----------                              


 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,''.
                              ----------                              


 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.''''
                              ----------                              


 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).
                              ----------                              


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.
                              ----------                              


 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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