Amended in Assembly June 5, 2014

Amended in Senate May 27, 2014

Amended in Senate March 25, 2014

Senate Bill No. 1299

Introduced by Senator Padilla

February 21, 2014

An act to add Section 6401.8 to the Labor Code, relating to occupational safety and health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1299, as amended, Padilla. Workplace violence prevention begin delete plans. end delete begin insert plans: hospitals. end insert

Existing law regulates the operation of health facilities, including hospitals.

The California Occupational Safety and Health Act of 1973 imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime.

This bill would require the Occupational Safety and Health Standards Board, no later than July 1, begin delete 2015, end delete begin insert 2016, end insert to adopt standards developed by the Division of Occupational Safety and Health that require specified types of hospitals, including a general acute care hospital or an acute psychiatric hospital, to adopt a workplace violence prevention plan as a part of the hospital’s injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior. The bill would require the standards to include prescribed requirements for a plan. The bill would require the division, by January 1, 2017, and annually thereafter, to post a report on its Internet Web site containing specified information regarding violent incidents at hospitals. The bill would exempt certain state-operated hospitals from these provisions.

Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6401.8 is added to the Labor Code, to
read:

6401.8.  

(a) The standards board, no later than July 1, begin delete 2015, end delete
begin insert 2016, end insert shall adopt standards developed by the division that require
a hospital licensed pursuant to subdivision (a), (b), or (f) of Section
1250 of the Health and Safety Code, except as exempted by
subdivision (d), to adopt a workplace violence prevention plan as
a part of its injury and illness prevention plan to protect health care
workers and other facility personnel from aggressive and violent
behavior.

(b) The standards adopted pursuant to subdivision (a) shall
include all of the following:

(1) A requirement that the workplace violence prevention plan
be in effect at all times in all patient care units, including inpatient
and outpatient settings and clinics on the hospital’s license.

(2) A definition of workplace violence that includes, but is not
limited to, both of the following:

(A) The use of physical force against a hospital employee by a
patient or a person accompanying a patient that results in, or has
a high likelihood of resulting in, injury, psychological trauma, or
stress, regardless of whether the employee sustains an injury.

(B) An incident involving the use of a firearm or other dangerous
weapon, regardless of whether the employee sustains an injury.

(3) A requirement that a workplace violence prevention plan
include, but not be limited to, all of the following:

(A) Personnel education and training policies that require all
health care workers who provide direct care to patients to, at least
annually, receive education and training that is designed to provide
an opportunity for interactive questions and answers with a person
knowledgeable about the workplace violence prevention plan. The
education and training shall cover topics that include, but are not
limited to, the begin delete following: end delete begin insert following topics: end insert

(i) How to recognize potential for violence, and when and how
to seek assistance to prevent or respond to violence.

(ii) How to report violent incidents to law enforcement.

(iii) Any resources available to employees for coping with
incidents of violence, including, but not limited to, critical incident
stress debriefing or employee assistance programs.

(B) A system for responding to, and investigating violent
incidents and situations involving violence or the risk of violence.

(C) A system to, at least annually, assess and improve upon
factors that may contribute to, or help prevent workplace violence,
including, but not limited to, the following factors:

(i) Staffing, including staffing patterns and patient classification
systems that contribute to, or are insufficient to address, the risk
of violence.

(ii) Sufficiency of security systems, including begin insert alarms, emergency
response, and end insert security personnel availability.

(iii) Job design, equipment, and facilities.

(iv) Security risks associated with specific units, areas of the
facility with uncontrolled access, late-night or early morning shifts,
and employee security in areas surrounding the facility such as
employee parking areas.

(4) A requirement that all workplace violence prevention plans
be developed in conjunction with affected employees, including
their recognized collective bargaining agents, if any.

(5) A requirement that all temporary personnel be oriented to
the workplace violence prevention plan.

(6) Provisions prohibiting hospitals from disallowing an
employee from, or taking punitive or retaliatory action against an
employee for, seeking assistance and intervention from local
emergency services or law enforcement when a violent incident
occurs.

(7) A requirement that hospitals document, and retain for a
period of five years, a written record of any violent incident against
a hospital employee, regardless of whether the employee sustains
an injury, and regardless of whether the report is made by the
employee who is the subject of the violent incident or any other
employee.

(8) A requirement that a hospital report violent incidents to the
division. If the incident results in injury, involves the use of a
firearm or other dangerous weapon, or presents an urgent or
emergent threat to the welfare, health, or safety of hospital
personnel, the hospital shall report the incident to the division
within 24 hours. All other incidents of violence shall be reported
to the division within 72 hours.

(c) By January 1, 2017, and annually thereafter, the division,
in a manner that protects patient and employee confidentiality,
shall post a report on its Internet Web site containing information
regarding violent incidents at hospitals, that includes, but is not
limited to, the total number of reports, and which specific hospitals
filed reports, pursuant to paragraph begin delete (7) end delete begin insert (8) end insert of subdivision (b), the
outcome of any related inspection or investigation, the citations
levied against a hospital based on a violent incident, and
recommendations of the division on the prevention of violent
incidents at hospitals.

(d) This section shall not apply to a hospital operated by the
State Department of State Hospitals, the State Department of
Developmental Services, or the Department of Corrections and
Rehabilitation.

begin insert

(e) This section does not limit the authority of the standards
board to adopt standards to protect employees from workplace
violence. Nothing in this section shall be interpreted to preclude
the standards board from adopting standards that require other
employers, including, but not limited to, employers exempted from
this section by subdivision (d), to adopt plans to protect employees
from workplace violence. Nothing in this section shall be
interpreted to preclude the standards board from adopting
standards that require an employer subject to this section, or any
other employer, to adopt a workplace violence prevention plan
that includes elements or requirements additional to, or broader
in scope than, those described in this section.

end insert

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.