[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1232 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1232
To direct the Secretary of Labor to issue an occupational safety and
health standard that requires covered employers within the health care
and social service industries to develop and implement a comprehensive
workplace violence prevention plan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 31), 2025
Ms. Baldwin (for herself, Mr. Markey, Mr. Kaine, Mrs. Shaheen, Mr.
Lujan, Ms. Klobuchar, Mr. Padilla, Ms. Smith, Mr. Blumenthal, Mrs.
Murray, Mr. Sanders, Ms. Slotkin, Ms. Warren, Ms. Cortez Masto, Mr.
Merkley, Mr. Reed, Mr. Hickenlooper, Ms. Duckworth, Mr. Coons, Mr. Van
Hollen, and Mr. Heinrich) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To direct the Secretary of Labor to issue an occupational safety and
health standard that requires covered employers within the health care
and social service industries to develop and implement a comprehensive
workplace violence prevention plan, 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 ``Workplace Violence Prevention for
Health Care and Social Service Workers Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
Sec. 101. Workplace violence prevention standard.
Sec. 102. Scope and application.
Sec. 103. Requirements for workplace violence prevention standard.
Sec. 104. Rules of construction.
Sec. 105. Other definitions.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
Sec. 201. Application of the workplace violence prevention standard to
certain facilities receiving Medicare
funds.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
SEC. 101. WORKPLACE VIOLENCE PREVENTION STANDARD.
(a) Interim Final Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Labor shall issue an
interim final standard on workplace violence prevention--
(A) to require certain employers in the health care
and social service sectors, and certain employers in
sectors that conduct activities similar to the
activities in the health care and social service
sectors, to develop and implement a comprehensive
workplace violence prevention plan and carry out other
activities or requirements described in section 103 to
protect health care workers, social service workers,
and other personnel from workplace violence;
(B) that shall, at a minimum, be based on the
Guidelines for Preventing Workplace Violence for
Healthcare and Social Service Workers published by the
Occupational Safety and Health Administration of the
Department of Labor in 2015 and adhere to the
requirements of this title; and
(C) that provides for a period determined
appropriate by the Secretary, not to exceed 1 year,
during which the Secretary shall prioritize technical
assistance and advice consistent with section 21(d) of
the Occupational Safety and Health Act of 1970 (29
U.S.C. 670(d)) to employers subject to the standard
with respect to compliance with the standard.
(2) Inapplicable provisions of law and executive order.--
The following provisions of law and Executive orders shall not
apply to the issuance of the interim final standard under this
subsection:
(A) The requirements applicable to occupational
safety and health standards under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
(B) The requirements of chapters 5 and 6 of title
5, United States Code.
(C) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(D) Executive Order No. 12866 (58 Fed. Reg. 51735;
relating to regulatory planning and review), as
amended.
(3) Notice and comment.--Notwithstanding paragraph (2)(B),
the Secretary shall, prior to issuing the interim final
standard under this subsection, provide notice in the Federal
Register of the interim final standard and a 30-day period for
public comment.
(4) Effective date of interim standard.--The interim final
standard shall--
(A) take effect on a date that is not later than 30
days after issuance, except that such interim final
standard may include a reasonable phase-in period for
the implementation of required engineering controls
that take effect after such date;
(B) be enforced in the same manner and to the same
extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)); and
(C) be in effect until the final standard described
in subsection (b) becomes effective and enforceable.
(5) Failure to promulgate.--If an interim final standard
described in paragraph (1) is not issued not later than 1 year
of the date of enactment of this Act, the provisions of this
title shall be in effect and enforced in the same manner and to
the same extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act (29 U.S.C. 655(b))
until such provisions are superseded in whole by an interim
final standard issued by the Secretary that meets the
requirements of paragraph (1).
(b) Final Standard.--
(1) Proposed standard.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health Act
(29 U.S.C. 655), promulgate a proposed standard on workplace
violence prevention--
(A) for the purposes described in subsection
(a)(1)(A); and
(B) that shall include, at a minimum, requirements
contained in the interim final standard promulgated
under subsection (a).
(2) Final standard.--Not later than 42 months after the
date of enactment of this Act, the Secretary shall issue a
final standard on such proposed standard that shall--
(A) provide no less protection than any workplace
violence standard adopted by a State plan that has been
approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
667), provided the Secretary finds that the final
standard is feasible on the basis of the best available
evidence; and
(B) be effective and enforceable in the same manner
and to the same extent as any standard promulgated
under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)).
SEC. 102. SCOPE AND APPLICATION.
In this title:
(1) Covered facility.--
(A) In general.--The term ``covered facility''
includes the following:
(i) Any hospital, including any specialty
hospital, inpatient or outpatient setting, or
clinic operating within a hospital license, or
any setting that provides outpatient services.
(ii) Any residential treatment facility,
including any nursing home, skilled nursing
facility, hospice facility, Alzheimer's and
memory care facility, and long-term care
facility.
(iii) Any non-residential treatment or
service setting.
(iv) Any medical treatment or social
service setting or clinic at a correctional or
detention facility.
(v) Any community care setting, including a
community-based residential facility, group
home, and mental health clinic.
(vi) Any psychiatric treatment facility.
(vii) Any drug abuse or substance use
disorder treatment center.
(viii) Any independent freestanding
emergency centers.
(ix) Any facility described in clauses (i)
through (viii) operated by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to section
1960 of title 29, Code of Federal Regulations
(as such section is in effect on the date of
enactment of this Act).
(x) Any other facility the Secretary
determines should be covered under the
standards promulgated under section 101.
(B) Exclusion.--The term ``covered facility'' does
not include an office of a physician, dentist,
podiatrist, or any other health practitioner that is
not physically located within a covered facility
described in clauses (i) through (x) of subparagraph
(A).
(2) Covered services.--
(A) In general.--The term ``covered service''
includes the following services and operations:
(i) Any services and operations provided in
any field work setting, including home health
care, home-based hospice, and home-based social
work.
(ii) Any emergency services and transport,
including such services provided by
firefighters and emergency responders.
(iii) Any services described in clauses (i)
and (ii) performed by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to section
1960 of title 29, Code of Federal Regulations
(as such section is in effect on the date of
enactment of this Act).
(iv) Any other services and operations the
Secretary determines should be covered under
the standards promulgated under section 101.
(B) Exclusion.--The term ``covered service'' does
not include child day care services.
(3) Covered employer.--
(A) In general.--The term ``covered employer''
includes a person (including a contractor,
subcontractor, a temporary service firm, or an employee
leasing entity) that employs an individual to work at a
covered facility or to perform covered services.
(B) Exclusion.--The term ``covered employer'' does
not include an individual who privately employs, in the
individual's residence, a person to perform covered
services for the individual or a family member of the
individual.
(4) Covered employee.--The term ``covered employee''
includes an individual employed by a covered employer to work
at a covered facility or to perform covered services.
SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD.
Each standard described in section 101 shall include, at a minimum,
the following requirements:
(1) Workplace violence prevention plan.--Not later than 6
months after the date of promulgation of the interim final
standard under section 101(a), a covered employer shall
develop, implement, and maintain an effective written workplace
violence prevention plan (in this section referred to as the
``Plan'') for covered employees at each covered facility and
for covered employees performing a covered service on behalf of
such employer, which meets the following:
(A) Plan development.--Each Plan--
(i) shall be developed and implemented with
the meaningful participation of direct care
employees, other employees, and employee
representatives, for all aspects of the Plan;
(ii) shall be tailored and specific to
conditions and hazards for the covered facility
or the covered service, including patient-
specific risk factors and risk factors specific
to each work area or unit;
(iii) shall be suitable for the size,
complexity, and type of operations at the
covered facility or for the covered service,
and remain in effect at all times; and
(iv) may be in consultation with
stakeholders or experts who specialize in
workplace violence prevention, emergency
response, or other related areas of expertise
for all relevant aspects of the Plan.
(B) Plan content.--Each Plan shall include
procedures and methods for the following:
(i) Identification of the individual and
the individual's position responsible for
implementation of the Plan.
(ii) With respect to each work area and
unit at the covered facility or while covered
employees are performing the covered service,
risk assessment and identification of workplace
violence risks and hazards to employees exposed
to such risks and hazards (including
environmental risk factors and patient-specific
risk factors), which shall be--
(I) informed by past violent
incidents specific to such covered
facility or such covered service; and
(II) conducted with, at a minimum--
(aa) direct care employees;
(bb) where applicable, the
representatives of such
employees; and
(cc) the employer.
(iii) Hazard prevention, engineering
controls, or work practice controls to correct
hazards, in a timely manner, applying
industrial hygiene principles of the hierarchy
of controls, which--
(I) may include security and alarm
systems, adequate exit routes,
monitoring systems, barrier protection,
established areas for patients and
clients, lighting, entry procedures,
staffing and working in teams, and
systems to identify and flag clients
with a history of violence; and
(II) shall ensure that employers
correct, in a timely manner, hazards
identified in any violent incident
investigation described in paragraph
(2) and any annual report described in
paragraph (5).
(iv) Reporting, incident response, and
post-incident investigation procedures,
including procedures--
(I) for employees to report
workplace violence risks, hazards, and
incidents;
(II) for employers to respond to
reports of workplace violence;
(III) for employers to perform a
post-incident investigation and
debriefing of all reports of workplace
violence with the participation of
employees and their representatives;
(IV) to provide medical care or
first aid to affected employees; and
(V) to provide employees with
information about available trauma and
related counseling.
(v) Procedures for emergency response,
including procedures for threats of mass
casualties and procedures for incidents
involving a firearm or a dangerous weapon.
(vi) Procedures for communicating with and
training the covered employees on workplace
violence hazards, threats, and work practice
controls, the employer's plan, and procedures
for confronting, responding to, and reporting
workplace violence threats, incidents, and
concerns, and employee rights.