THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MICOZZIE, QUINN, GODSHALL, WATSON, CARROLL, DAVIS, GEIST, HESS, JOSEPHS, MAHER, MUNDY, MURPHY, READSHAW, SAINATO, SANTONI, VULAKOVICH, HALUSKA, M. O'BRIEN, K. BOYLE AND PASHINSKI, NOVEMBER 16, 2011

REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 16, 2011  

AN ACT

Providing for violence prevention committees in health care

facilities, for their powers and duties, for remedies and for

the powers and duties of the Department of Labor and

Industry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Health Care

Facilities Workplace Violence Prevention Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Committee."  The violence prevention committee established

by a health care facility pursuant to this act.

"Employee."  An individual who is employed by a health care

facility, the Commonwealth or a political subdivision who is

involved in direct patient care or clinical care services.

"Health care facility."  As defined under the act of July 19,

1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Program."  A workplace violence prevention program

established by a committee.

Section 3.  Violence prevention committee.

(a)  Establishment.--A health care facility shall establish a

violence prevention committee to establish review, administer

and provide guidance about a program relating to the prevention

of workplace violence at the health care facility.

(b)  Membership.--A committee shall be comprised as follows:

(1)  At least one member of the committee who shall

represent management or a designee, who shall oversee all

aspects of the program.

(2)  At least 50% of the members of the committee shall

have direct patient care responsibilities, with the majority

being licensed nurses.

(3)  The remaining members of the committee shall have

experience, expertise or responsibility relevant to violence

prevention or any other expertise that is considered

beneficial to the committee.

(4)  In the case of a health care system that is subject

to a collective bargaining agreement, the contractual

agreement can and should designate the number of union

members to serve on the committee as well as the number of

representatives from management. The agreement should also

account for individuals who are employed by the health care

system, but not a member of a union or management.

(c)  Operation of committee and program.--In the case of a

health care system that owns or operates more than one covered

health care facility, the committee and program may be operated

at the system or department level, provided that:

(1)  Committee membership includes at least one health

care worker from each facility who provides direct care to

patients.

(2)  The committee develops a violence prevention plan

for each facility.

(3)  Data related to violence prevention remain

distinctly identifiable for each facility.

Section 4.  Duties of the committee.

(a)  Risk assessment evaluation.--A committee shall annually

perform a risk assessment evaluation of any and all aspects or

factors that may put an employee of the health care facility at

risk of workplace violence. Those aspects or factors shall

include, but not be limited to:

(1)  Working in public settings.

(2)  Guarding or maintaining property or possessions.

(3)  Working in high-crime areas.

(4)  Working late at night or early in the morning.

(5)  Using commuter lots which are not adequately lit or

frequently patrolled.

(6)  The existence of uncontrolled public access to the

workplace.

(7)  Working in public areas with individuals in crisis.

(8)  Working in areas where a patient or resident may

exhibit violent behavior.

(b)  Preparation of report and establishment of program.--

(1)  A committee shall prepare a report from the risk

assessment and establish a violence prevention program. If

there is more than one health care facility within a system,

there shall be a program established for each health care

facility.

(2)  The committee shall develop and maintain a detailed,

written violence prevention plan that identifies workplace

risks and provides specific methods to address them.

(3)  The committee shall also distribute the written

violence prevention plan to those employees who are

identified to be at risk for workplace violence or any other

employee who requests the report.

(4)  The committee shall make the report available to the

public upon the proper request.

(5)  The committee shall also establish a method to

expedite reporting and review of a report of workplace

violence and make written recommendations to the health care

facility management on how to prevent additional incidents of

similar workplace violence.

(c)  Appropriate employee training.--If the committee

determines it is necessary in order to minimize workplace

violence, the health care facility shall provide appropriate

employee training.

Section 5.  Reporting of workplace violence.

A committee shall designate a senior member of the committee

to develop and support an in-house crisis response team for an

employee who is a victim of workplace violence. The designee

shall coordinate crisis counseling for the employee, coordinate

reporting of the incident to the appropriate authorities and any

other action necessary to assist and support the employee after

the incident of workplace violence.

Section 6.  Distribution of reports of workplace violence.

A report of workplace violence that is submitted to

management or to the health care facility shall also be provided

to the committee within 72 hours of the report.

Section 7.  Retaliation.

A health care facility shall not retaliate or discriminate

against an employee for reporting an incident of workplace

violence. Neither participation on the committee nor any of the

actions of the committee shall be grounds for discrimination,

dismissal, discharge or any other employment action adverse to

an employee.

Section 8.  Remedies.

(a)  General rule.--Where a health care facility has been

found to have engaged in conduct which caused or maintained a

substantial risk of further workplace violence, including

failing to implement the recommendations of the committee, a

court may enjoin the health care facility from engaging in the

illegal activities and may order any other relief that is

appropriate, including, but not limited to, reinstatement,

removal of the offending party from the employee's work

environment, reimbursement for lost wages, medical expenses,

compensation for emotional distress and attorney fees.

(b)  Appeals to Department of Labor and Industry.--

(1)  If the committee concludes that a health care

facility is not acting in good faith in implementing the

recommendations of the committee, the committee, by vote of a

majority of the members, may appeal the health care

facility's decision to the Department of Labor and Industry.

(2)  If the Department of Labor and Industry after a

hearing determines the health care facility is acting in bad

faith in failing to implement safety recommendations

suggested by the committee, the Department of Labor and

Industry may implement penalties against the health care

facility, including appropriate fines and administrative

penalties.

Section 9.  Effect on collective bargaining agreements.

Nothing in this act shall be construed to:

(1)  Prevent, interfere, exempt or supersede any current

provision of an employee's existing collective bargaining

agreement that provides greater rights and protection than

prescribed by this act.

(2)  Prevent any new provisions of a collective

bargaining agreement which provide greater rights and

protections from being implemented and applicable to an

employee.

Section 10.  Rules and regulations.

The Secretary of Labor and Industry shall adopt rules and

regulations necessary to implement this act. The rules and

regulations shall include such guidelines as the Secretary of

Labor and Industry deems appropriate regarding workplace

violence prevention programs required pursuant to this act and

related to reporting and monitoring systems and employee

training.

Section 11.  Effective date.

This act shall take effect in 180 days.