PRIOR PRINTER'S NOS. 3017, 3799
PRINTER'S NO. 4079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2071
Session of
2018
INTRODUCED BY STEPHENS, BAKER, MILLARD, BERNSTINE, MURT,
D. COSTA, STAATS, COX, JOZWIAK AND WATSON, FEBRUARY 13, 2018
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 25, 2018
AN ACT
Providing for implementation of workplace violence policies and
workplace violence prevention measures by employers and for
preemption CIVIL ACTION.
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 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:
"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
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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
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 3. Employer rights.
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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., INCLUDING THE USE OF A PHYSICAL BARRIER THAT
REQUIRES A PERSON SERVING FOOD IN ANY ESTABLISHMENT EITHER TO
OPEN A WINDOW OR OTHER APERTURE OR TO PASS FOOD THROUGH AN OPEN
WINDOW OR OTHER APERTURE, IN ORDER TO HAND THE FOOD TO A
CUSTOMER INSIDE THE ESTABLISHMENT.
Section 4. Preemption.
(a) General rule.--This act shall preempt and supersede any
municipal ordinance, rule, policy or licensure requirement that
limits, restricts or prohibits an employer from implementing a
workplace violence prevention policy or workplace violence
prevention measure.
(b) Regulation or restriction of workplace violence policy
or prevention measure.--An ordinance, rule, policy or licensure
requirement enacted by a municipality which limits, restricts or
prohibits workplace violence policies or any workplace violence
prevention measure is void.
(c) Rebuttable presumption.--There shall be a rebuttable
presumption that a municipal ordinance, rule, policy or
licensure requirement that limits, restricts or prohibits a
workplace violence policy or any workplace violence prevention
measure to provide for the safety of employees is preempted by
this act, if the workplace violence policy or workplace violence
prevention measure:
(1) is not prohibited by Federal or State law; and
(2) is consistent with recommendations issued by the
United States Occupational Safety and Health Administration.
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(d) Applicability.--This section shall not apply to a
mandate enacted by a municipality affecting an employee or class
of employees of the municipality itself.
Section 5. Effective date.
This act shall take effect in 60 days.
SECTION 4. CIVIL ACTION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING 42
PA.C.S. CH. 85 SUBCH. C (RELATING TO ACTIONS AGAINST LOCAL
PARTIES), A PARTY WHO BRINGS OR MAINTAINS AN ACTION AGAINST A
MUNICIPALITY IN ORDER TO OBTAIN RELIEF UNDER THIS ACT SHALL BE
ENTITLED TO RECOVER ALL OF THE FOLLOWING:
(1) COSTS, INCLUDING ATTORNEY FEES.
(2) DAMAGES IN THE AMOUNT OF $10,000.
SECTION 5. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT NOVEMBER 1, 2018.
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