PRINTER'S NO. 3654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2474
Session of
2018
INTRODUCED BY STEPHENS, JUNE 8, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 8, 2018
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for
prevention of workplace violence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 305. Prevention of workplace violence.
(a) Employer rights.--An employer shall have the right, at
the employer's discretion, to implement a workplace violence
policy or any workplace violence prevention measure to provide
for the safety of employees provided in compliance with
applicable Federal and State law.
(b) Preemption.--The following shall apply:
(1) This section shall preempt and supersede any
municipal ordinance, rule, policy or licensure requirement
concerning the subject matter of this section.
(2) An ordinance, rule, policy or licensure requirement
enacted by a municipality which regulates or restricts
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workplace violence policies or any workplace violence
prevention measure is void.
(3) There shall be a rebuttable presumption that a
municipal ordinance, rule, policy or licensure requirement is
preempted by this section, if the workplace violence policy
or workplace violence prevention measure:
(i) is not prohibited by Federal or State law; and
(ii) is consistent with recommendations issued by
the United States Occupational Safety and Health
Administration.
(4) This subsection shall not apply to a mandate enacted
by a municipality affecting an employee or class of employees
of the municipality itself.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Employee." Includes any individual employed by an employer.
"Employer." Includes any individual, partnership,
association, corporation, business trust, the Commonwealth, an
agency, authority or instrumentality of the Commonwealth, a
political subdivision, an agency, authority or instrumentality
of a political subdivision, or a person or group of persons
acting, directly or indirectly, in the interest of an employer
in relation to any employee.
"Workplace violence." Violence, a threat of violence,
harassment, intimidation or extremely disruptive behavior by a
person against an employee which occurs during the course of the
employee's employment or as the result of the employment.
"Workplace violence policy." A written policy created by an
employer to provide for workplace rules and procedures intended
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to prevent or respond to workplace violence.
"Workplace violence prevention measure." An action taken by
an employer for the purpose of preventing or reducing the
incidence or severity of workplace violence. The term includes,
but is not limited to:
(1) Providing training for employees with regard to the
employer's workplace violence policy or general training on
how to prevent and respond to workplace violence.
(2) Hiring or retaining security personnel to provide
protection from workplace violence.
(3) Deploying electronic security systems, alarms,
surveillance systems or other electronic measures intended to
identify, monitor or make employees aware of potential
workplace violence.
(4) Physically modifying the employer's premises or
restricting access to certain parts of the premises in a
manner intended to provide for the protection of employees.
(5) Installing barriers, locks, doors, bulletproof or
bullet-resistant windows or other obstructions, partitions or
any other physical deterrent intended to provide for the
protection of employees.
Section 2. This act shall take effect in 60 days.
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