[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8669 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8669
To direct the Secretary of Labor to issue nonmandatory guidance on
reducing the threat of violence in the workplace, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2024
Mr. Neguse (for himself, Ms. Williams of Georgia, Mr. Johnson of
Georgia, and Mr. Smith of Washington) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Labor to issue nonmandatory guidance on
reducing the threat of violence in the workplace, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Workplaces Act''.
SEC. 2. OSHA GUIDANCE ON REDUCING THE THREAT OF VIOLENCE IN THE
WORKPLACE.
(a) Study.--The Director of the National Institute for Occupational
Safety and Health shall conduct a study on reducing the threat of
violence in the workplace.
(b) Report.--Not later than 15 months after the date of the
enactment of this Act, the Director shall submit to the Secretary of
Labor, the Committee on Education and Labor of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the results of the study conducted
under subsection (a), which shall include recommendations that the
Secretary of Labor shall consider when issuing the guidance described
in subsection (c).
(c) Guidance.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary of Labor, acting through
the Occupational Safety and Health Administration, shall issue
nonmandatory guidance on activities and work practice controls
that can be implemented by workplaces to reduce workplace
violence. Such guidance shall be differentiated to the extent
necessary to account for the unique characteristics of, and the
potential for threats of violence at, of each variety of
workplace, including grocery stores, retail stores, movie
theatres, hospitals, office buildings, restaurants and bars,
religious facilities, manufacturing facilities, mail
distribution centers, community centers, child care centers,
and schools.
(2) Consideration.--In issuing the guidance required under
paragraph (1), the Secretary shall--
(A) consider the recommendations included in the
report required under subsection (b); and
(B) take into account engineering controls,
dangerous weapons, and environmental risk factors that
may impact a workplace.
(d) Definitions.--In this Act:
(1) Dangerous weapon.--The term ``dangerous weapon'' means
an instrument capable of inflicting death or serious bodily
injury, without regard to whether such instrument was designed
for that purpose.
(2) Engineering controls.--
(A) In general.--The term ``engineering controls''
means an aspect of the built space or a device that
removes a hazard from the workplace or creates a
barrier between an employee and the hazard.
(B) Inclusions.--For purposes of reducing workplace
violence hazards, the term ``engineering controls''
includes electronic access controls to employee
occupied areas, weapon detectors (installed or
handheld), enclosed workstations with shatter-resistant
glass, deep service counters, locks on doors, removing
access to or securing items that could be used as
weapons, furniture affixed to the floor, opaque glass,
closed-circuit television monitoring and video
recording, sight-aids, and personal alarm devices.
(3) Environmental risk factors.--
(A) In general.--The term ``environmental risk
factors'' means factors in the facility or area in
which a service is performed that may contribute to the
likelihood or severity of a workplace violence
incident.
(B) Clarification.--Environmental risk factors may
be associated with the specific task being performed or
the work area, such as working in an isolated area,
poor illumination or blocked visibility, and lack of
physical barriers between individuals and persons at
risk of committing workplace violence.
(4) Threat of violence.--The term ``threat of violence''
means a statement or conduct that--
(A) causes an individual to fear for such
individual's safety because there is a reasonable
possibility the individual might be physically injured;
and
(B) serves no legitimate purpose.
(5) Work practice controls.--
(A) In general.--The term ``work practice
controls'' means procedures and rules that are used to
effectively reduce workplace violence hazards.
(B) Inclusions.--The term ``work practice
controls'' includes--
(i) assigning and placing sufficient
numbers of staff to reduce workplace violence
directed at employees by customers, clients,
patients, students, inmates, or any individual
for whom the workplace provides services or for
whom the employee performs services.
(ii) provision of dedicated and available
safety personnel such as security guards;
(iii) employee training on workplace
violence prevention methods and techniques to
de-escalate and minimize violent behavior; and
(iv) employee training on procedures for
response in the event of a workplace violence
incident and for post-incident response.
(6) Workplace violence.--
(A) In general.--The term ``workplace violence''
means any act of violence or threat of violence,
without regard to intent, that occurs at a workplace or
while an employee performs a service.
(B) Exclusions.--The term ``workplace violence''
does not include lawful acts of self-defense or lawful
acts of defense of others.
(C) Inclusions.--The term ``workplace violence''
includes--
(i) the threat or use of physical force
against a employee that results in or has a
high likelihood of resulting in injury,
psychological trauma, or stress, without regard
to whether the employee sustains an injury,
psychological trauma, or stress; and
(ii) an incident involving the threat or
use of a firearm or a dangerous weapon,
including the use of common objects as weapons,
without regard to whether the employee sustains
an injury, psychological trauma, or stress.
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