PRINTER'S NO. 2226
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1658
Session of
2017
INTRODUCED BY CHARLTON, FREEMAN, SOLOMON, MILLARD, HILL-EVANS,
DiGIROLAMO, WARD AND SIMS, JULY 11, 2017
REFERRED TO COMMITTEE ON HEALTH, JULY 11, 2017
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
Facility Employee 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 facility pursuant to this act.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who is employed by a health
facility, the Commonwealth or a political subdivision who is
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involved in direct patient care or clinical care services.
"Health facility." A hospital, long-term care nursing
facility or home health care agency as those terms are 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.
"Workplace violence." Violence or the threat of violence
against workers.
Section 3. Violence prevention committee.
(a) Establishment.--A health 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 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) The committee shall have a proportional
representation by union members, selected by their union, and
nonunion members elected by secret ballots by their peers.
The proportional representation shall incorporate all health
care professionals and support personnel at the health
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facility at risk of becoming a victim of a violent act.
(5) In the case of a health care system that is subject
to a collective bargaining agreement, the contractual
agreement shall designate the number of union members to
serve on the committee, as well as the number of
representatives from management. The agreement shall 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 health
facility, the committee and program may be operated at the
system or department level, provided that:
(1) Committee membership include at least one health
care worker from each facility who provides direct care to
patients.
(2) The committee develop 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 the factors that may put
an employee of the health facility at risk of workplace
violence. Those factors shall include, but not be limited to:
(1) Working in a public setting.
(2) Guarding or maintaining property or possessions.
(3) Working in a high-crime area.
(4) Working late at night or early in the morning.
(5) Using commuter lots that are not adequately lit or
frequently patrolled.
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(6) The existence of uncontrolled public access to the
workplace.
(7) Working in a public area with individuals in crisis.
(8) Working in an area where a patient or resident may
exhibit violent behavior.
(b) Review.--The committee shall meet quarterly to review
any case of workplace violence and to perform duties required by
this act.
(c) Preparation of report and establishment of program.--A
committee shall:
(1) Prepare a report from the risk assessment and
establish a violence prevention program. If there is more
than one health facility within a system, there shall be a
program established for each health facility.
(2) Develop and maintain a detailed, written violence
prevention plan that identifies workplace risks and provides
specific methods to address them.
(3) 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
risk assessment report.
(4) Make the risk assessment report available to the
public upon the proper request.
(5) Establish a method to expedite reporting and review
of a report of workplace violence and make written
recommendations to the health facility management on how to
prevent additional incidents of similar workplace violence.
(d) Employee training.--The committee shall provide
appropriate employee training to health care providers who
provide direct patient care at the time of hire and annually
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thereafter.
Section 5. Reporting of workplace violence.
(a) Reporting.--An employee of a health facility who
reasonably believes that an incident of workplace violence has
occurred shall report the occurrence of the incident in
accordance with the violence prevention plan of the health
facility unless the employee knows a report has already been
made. The report shall be made immediately or as soon thereafter
as reasonably practicable, but in no event later than 24 hours
after the occurrence or discovery of the incident.
(b) Liability.--An employee of a health facility who reports
the occurrence of an incident of workplace violence under
subsection (a) may not be subject to retaliatory action for
reporting the incident as set forth in the act of December 12,
1986 (P.L.1559, No.169), known as the Whistleblower Law.
(c) Limitation.--This section shall not limit a health
facility's ability to take appropriate disciplinary action
against an employee for failure to meet defined performance
expectations or to take corrective action against an employee
for unprofessional conduct, including making false reports or
failure to report serious events under this section.
Section 6. Distribution of reports of workplace violence.
A report of workplace violence that is submitted to
management or to the health facility shall be provided to the
committee within 72 hours of the submission of the report.
Section 7. Penalties.
(a) Administrative fine.--The department may levy an
administrative fine on a health facility or employer that
violates this act or any regulation issued under this act. The
fine shall be not less than $100 nor more than $1,000 for each
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violation.
(b) Administrative order.--The department may order a health
facility to take an action that the department deems necessary
to correct a violation of section 4.
(c) Administrative agency law.--This section is subject to 2
Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
Section 8. Remedies.
(a) General rule.--Where a health facility has engaged in
conduct that caused or maintained a substantial risk of further
workplace violence, including failing to implement the
recommendations of a committee, a court may enjoin the health
facility from engaging in the illegal activities and may order
any other relief that is appropriate, including, but not limited
to:
(1) reinstatement of an employee;
(2) removal of the offending party from the employee's
work environment;
(3) reimbursement for lost wages;
(4) medical expenses;
(5) compensation for emotional distress; and
(6) attorney fees.
(b) Appeals to department.--
(1) If a committee concludes that a health 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 facility's decision to the
department.
(2) If the department after a hearing determines the
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health facility is acting in bad faith and failing to
implement safety recommendations suggested by the committee,
the department may implement penalties against the health
facility, including appropriate fines and administrative
penalties.
Section 9. Effect on collective bargaining agreements.
This act may not be construed to:
(1) Supersede a 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 that provide greater rights and
protections from being implemented and applicable to an
employee.
Section 10. Rules and regulations.
The department shall adopt rules and regulations necessary to
implement this act. The rules and regulations shall include such
guidelines as the department 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.
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