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PRINTER'S NO. 1749
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1256
Session of
2022
INTRODUCED BY KANE, FONTANA, COLLETT, CAPPELLETTI, COMITTA AND
SANTARSIERO, JUNE 14, 2022
REFERRED TO LABOR AND INDUSTRY, JUNE 14, 2022
AN ACT
Providing for violence prevention committees in health care
facilities, for duties of committees, for workplace violence
reporting requirements and for powers and duties of the
Department of Labor and Industry; and imposing fines and
administrative penalties.
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 under this act.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who is employed by a health
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facility who is 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
in section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
"Program." The workplace violence prevention program
established by a committee.
"Workplace violence." Violence or the threat of violence
against an employee.
Section 3. Violence prevention committee.
(a) Establishment.--Each 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.--Each committee shall be comprised as
follows:
(1) At least one member or designee of the committee
shall represent management and 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 other expertise that is considered beneficial
to the committee.
(4) The committee shall have a proportional
representation of union members, selected by their union, and
nonunion members, elected by secret ballot by their peers.
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The proportional representation shall incorporate all
employees at risk of becoming a victim of workplace violence.
(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 who are not members 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 if:
(1) Committee membership includes at least one employee
from each health facility who provides direct care to
patients.
(2) The committee develops a violence prevention plan
for each health facility.
(3) Data related to violence prevention remains
distinctly identifiable for each health facility.
Section 4. Duties of committee.
(a) Risk assessment evaluation.--Each committee shall
annually perform a risk assessment evaluation of the factors
that may put an employee 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
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frequently patrolled.
(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.--Each committee shall meet quarterly to review
any case of workplace violence and to perform duties required
under this act.
(c) Preparation of report and establishment of program.--
Each committee shall:
(1) Prepare a report from the risk assessment evaluation
and establish a program. If there is more than one health
facility within a system, there shall be a program
established for each health facility. The program shall be
updated annually.
(2) Develop and maintain a detailed, written violence
prevention plan that:
(i) identifies workplace risks;
(ii) establishes a system to identify and flag
individuals with a history of violence; and
(iii) provides specific methods to address workplace
risks.
(3) Distribute the violence prevention plan and risk
assessment report to those employees who are identified to be
at risk for workplace violence and to other employees who
request the violence prevention plan or risk assessment
report.
(4) Make the risk assessment report available to the
public upon request.
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(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
preventing additional incidents of similar workplace
violence.
(d) Employee training.--The committee shall provide
appropriate employee training to employees at the time of hire
and annually thereafter.
Section 5. Reporting of workplace violence.
(a) Reporting.--An employee 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
no later than 24 hours after the occurrence or discovery of the
incident.
(b) Liability.--An employee 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 an incident of workplace violence under this
section.
Section 6. Distribution of reports of workplace violence.
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A report of an incident 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 that violates this act
or any regulation adopted under this act. The fine shall be not
less than $100 nor more than $1,000 for each 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 5.
(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.--If a health facility has engaged in
conduct that causes or maintains 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
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(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, after a hearing, the department determines that
the health facility is acting in bad faith and failing to
implement safety recommendations suggested by the committee,
the department may impose 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 which provides
greater rights and protection than prescribed by this act.
(2) Prevent any new provisions of a collective
bargaining agreement which provides 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
guidelines the department deems appropriate regarding workplace
violence prevention programs required under 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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