BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 1299
          AUTHOR:        Padilla
          AMENDED:       March 25, 2014
          HEARING DATE:  April 30, 2014
          CONSULTANT:    Marchand

          SUBJECT  :  Workplace violence prevention plans.
           
          SUMMARY :  Requires the Division of Occupational Safety and  
          Health in the Department of Industrial Relations to adopt  
          standards that require a general acute care hospital, acute  
          psychiatric hospital, or a special hospital, as defined, 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.

          Existing law:
          Health and Safety Code
          1.Requires all hospitals, as defined, to conduct an annual  
            security and safety assessment, and using that assessment, to  
            develop and annually update a security plan with measures to  
            protect personnel, patients, and visitors from aggressive or  
            violent behavior.

          2.Requires a hospital's security plan to include specified  
            security considerations, including those relating to staffing,  
            security personnel availability, policy and training related  
            to appropriate responses to violent acts, and efforts to  
            cooperate with local law enforcement regarding violent acts in  
            the facility.

          3.Requires a hospital, in developing the plan, to consult with  
            affected employees, including the recognized collective  
            bargaining agent, if any.

          4.Requires all hospital employees regularly assigned to the  
            emergency department to receive security education and  
            training, as specified.

          5.Requires any act of assault or battery, defined in the Penal  
            Code, which results in injury or involves the use of a firearm  
            or other dangerous weapon, against any on-duty hospital  
                                                         Continued---



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            personnel, to be reported to the local law enforcement agency  
            within 72 hours of the incident. Permits other acts of assault  
            or battery to be reported to local law enforcement. Prohibits  
            any health facility or employee of a health facility from  
            being held civilly or criminally liable for making a report  
            pursuant to this provision.

          6.Establishes a structure under which the Department of Public  
            Health (DPH) is permitted to assess administrative fines to  
            hospitals for violation of any of their licensing laws and  
            regulations.  For violations constituting immediate jeopardy  
            of serious injury or death to a patient, DPH may assess fines  
            of up to $75,000 for the first penalty, $100,000 for the  
            second penalty, and $125,000 for the third and subsequent  
            penalties.


          Labor Code
          7.Establishes the Division of Occupational Safety and Health  
            (Cal/OSHA) within the Department of Industrial Relations  
            (DIR), and gives Cal/OSHA the power, jurisdiction, and  
            supervision over every place of employment in this state which  
            is necessary to enforce and administer all laws requiring  
            places of employment to be safe, and requiring the protection  
            of the life, safety, and health of every employee.

          8.Requires every employer to establish, implement, and maintain  
            an effective injury prevention program, which is required to  
            include, among other elements, a training program designed to  
            provide instruction with respect to hazards specific to each  
            employee's job assignment, and the employer's system for  
            communicating with employees on health and safety matters,  
            including provisions designed to encourage employees to inform  
            the employer of hazards at the worksite without fear of  
            reprisal.

          9.Requires every employer to file a complete report with  
            Cal/OSHA of every occupational injury or occupational illness  
            to each employee which results in lost time beyond the date of  
            the injury or illness, or which requires medical treatment  
            beyond first aid. In addition to this report, in every case  
            involving a serious injury or illness, or death, the employer  
            is required to make an immediate report to Cal/OSHA by  
            telephone.  

          10.Specifies that every employer and every supervisor that has  




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            direction over any other employee who knowingly or negligently  
            violates any labor standard that is deemed to be a serious  
            violation, as defined, is guilty of a misdemeanor punishable  
            by up to six months in a county jail and/or a $5,000 fine. 

          11.Specifies that other violations, such as failing to report a  
            death to Cal/OSHA, or repeated violations of a standard that  
            causes a hazard to employees, are subject to penalties of up  
            to one year in jail and/or a $15,000 fine for an individual,  
            or up to a $150,000 fine for a corporation or limited  
            liability company.

          This bill:
          1.Requires the Occupational Safety and Health Standards Board  
            (Standards Board), no later than July 1, 2015, to adopt  
            standards developed by Cal/OSHA that require a general acute  
            care hospital, acute psychiatric hospital, or a special  
            hospital, as defined, 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.

          2.Requires the adopted standards on workplace violence  
            prevention plans to include 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.

          3.Requires the adopted standards to include a definition of  
            workplace violence that includes, but is not limited to, the  
            use of physical force against a hospital employee by a patient  
            or a person accompanying a patient that has a high likelihood  
            of resulting in injury, psychological trauma, or stress, and  
            an incident involving the use of a firearm or other dangerous  
            weapon, regardless of whether the employee sustains an injury.

          4.Requires the adopted standards for workplace violence  
            prevention plans to include, but not be limited to, all of the  
            following:
                  a.        Personnel education and training policies that  
                    require health care workers who provide direct care to  
                    patients to receive annual 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, and that  




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                    covers topics such as how to recognize the potential  
                    for violence, how to report violent incidents to law  
                    enforcement, and any resources available to employees  
                    for coping with incidents of violence, as specified;
                  b.        A system for responding to, and investigating,  
                    violent incidents and situations involving violence or  
                    the risk of violence; and,
                  c.        A system to annually assess and improve upon  
                    factors that may contribute to, or help prevent,  
                    workplace violence, including staffing patterns and  
                    patient classification systems that contribute to the  
                    risk of violence, sufficiency of security systems, and  
                    job design, equipment and facilities.

          5.Requires that all workplace violence prevention plans be  
            developed in conjunction with affected employees, including  
            their recognized collective bargaining agents, if any.

          6.Requires that all temporary personnel be oriented to the  
            workplace violence prevention plan.

          7.Requires workplace violence prevention plans to include  
            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.

          8.Requires 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.

          9.Requires hospitals to report violent incidents to Cal/OSHA  
            within 24 hours 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 health or safety of hospital  
            personnel.  Requires all other violent incidents to be  
            reported to Cal/OSHA within 72 hours.

          10.Requires Cal/OSHA, by January 1, 2017, and annually  
            thereafter, to post a report on its Internet Web site, in a  
            manner that protects confidentiality, information regarding  
            violent incidents at hospitals, including the total number of  




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            reports, which specific hospitals filed reports, the outcome  
            of any related inspection or investigation, the citations  
            levied against a hospital based on a violent incident, and  
            recommendations of Cal/OSHA on the prevention of violent  
            incidents at hospitals.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS :  
           1.Author's statement.  According to the author, violence in  
            health care settings is a continuing national problem and the  
            risk of workplace violence is a serious occupational hazard  
            for health care workers. According to the U.S. Bureau of Labor  
            Statistics, a worker in health care and social assistance is  
            nearly five times more likely to be the victim of a nonfatal  
            assault or violent act by another person, than the average  
            worker in all other major industries combined. 
          
            According to the "Evaluation of Safety and Security Programs  
            to Reduce Violence in Health Care Settings," a 2007 report  
            commissioned by the National Institute for Occupational Safety  
            and Health (NIOSH), health care workers have long been  
            recognized as having a high risk of work-related assault, and  
            nurses are at particularly high risk, with the highest rate of  
            victimization among occupations in the health care industry.

            High rates of violence against health care workers are not  
            unique to California. At least 16 states have enacted laws  
            aimed at addressing workplace violence against health care  
            workers. It is important that Cal/OSHA adopt standards  
            requiring hospitals to establish workplace violence prevention  
            plans to protect health care workers and other facility  
            personnel from aggressive and violent behavior.
          
          2.Report on violence in hospitals. According to the  
            aforementioned 2007 report from NIOSH, data indicate that  
            hospital workers are at high risk for experiencing violence in  
            the workplace. The majority of hospitals, they found, had  
            ongoing workplace violence training programs and all had  
            implemented some type of prevention efforts, usually in the  
            form of security equipment. However, the report also found  
            some consistent areas that suggested potential for improved  
            protection and/or improved efficiency. Among others, these  
            were some of the areas identified for needed improvement:




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               a.     Surveillance of workplace violence events is  
                 uncoordinated and inefficient; 
               b.     Nursing staff within emergency departments were  
                 often unsatisfied with their interactions with security  
                 personnel; 
               c.     Although all hospitals trained the majority of  
                 personnel in emergency and psychiatric units, no  
                 hospitals trained  all  employees regularly stationed in  
                 the unit; 
               d.     Employee training programs rarely included review of  
                 violence trends within their specific hospital;
               e.     Cal/OSHA logs and employers' reports did not provide  
                 detailed information about the circumstances of a violent  
                 event, which could limit prevention efforts; and, 
               f.     Few hospitals had effective systems to communicate  
                 about the presence of violent patients, hospital security  
                 equipment systems were uncoordinated and insufficient to  
                 protect the unit, and security programs and training were  
                 often less complete in psychiatric units than in  
                 emergency departments. 

          1.Pending petitions before Cal/OSHA.
            The Standards Board within DIR is tasked with the  
            responsibility of promoting, adopting, and maintaining  
            reasonable and enforceable standards that will ensure a safe  
            and healthful workplace for California workers. The Standards  
            Board considers petitions for new or revised regulations  
            proposed by any interested person concerning occupational  
            safety and health. Earlier this year, two petitions, one from  
            the California Nurses Association (CNA), which is sponsoring  
            this bill, and another from SEIU Local 121RN/SEIU Nurse  
            Alliance of California, were submitted to the Standards Board  
            seeking the creation of workplace violence prevention  
            standards for healthcare workers.  According to the SEIU  
            petition, "while California addresses workplace violence  
            prevention through the Health and Safety Code and the Labor  
            Code, a specific, enforceable standard for workplace violence  
            prevention is needed to protect health care workers from  
            harm." In their petition, CNA stated that, "regardless of  
            whether workplace violence is addressed through the  
            legislative or the regulatory process, we believe that a  
            strong framework for workplace violence prevention  
            requirements must be established." 

            The Standards Board must consider all petitions and issue a  




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            decision within six (6) months. Petitions are referred to  
            Cal/OSHA for an evaluation and the Board's staff also prepares  
            an independent evaluation of the petition. 

          2.Double referral. This bill was heard in the Senate Committee  
            on Labor and Industrial Relations on April 24, 2014. It passed  
            with a 4-1 vote.

          3.Prior legislation. SB 718 (Yee) of 2013, similar to this bill,  
            required all hospitals, as part of the injury prevention  
            program required of all employers and enforced by Cal/OSHA, to  
            adopt a workplace violence prevention plan designed to protect  
            health care workers and others from aggressive or violent  
            behavior. SB 718 was placed on the Assembly Inactive File.

            AB 30 (Hayashi) of 2011 was also similar to this bill.  
            However, AB 30 proposed to expand on the existing Health and  
            Safety Code provisions requiring hospitals to develop a  
            security plan, while this bill instead creates a new provision  
            of law in the Labor Code. AB 30 was held in Assembly  
            Appropriations Committee.

            AB 1083 (John A. Perez), Chapter 506, Statutes of 2009,  
            requires hospital security and safety assessments to be  
            conducted not less than annually, and requires hospital  
            security plans to be updated annually. AB 1083 also required  
            hospitals to consult with affected employees and members of  
            the medical staff in developing their security plans, and for  
            their plans to include efforts to cooperate with local law  
            enforcement regarding violent acts at the facility.

            AB 508 (Speier), Chapter 936, Statutes of 1993, required  
            hospitals to conduct security assessments, develop security  
            plans, and have sufficient personnel to provide security.  AB  
            508 also required hospitals to report any act of assault  
            against on-duty personnel to a local law enforcement agency  
            within a specified time frame.
            
          4.Support.  This bill is sponsored by CNA, which states that  
            violence in health care settings has been an area of concern  
            for some time, as the risk of workplace violence is a serious  
            occupational hazard for registered nurses and other health  
            care workers. CNA states that concerns over workplace violence  
            reached a fever pitch near the end of October 2010, when a  
            registered nurse at Contra Costa County's correctional  




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            facility was violently assaulted by an inmate while attempting  
            to provide care, and died from her injuries. CNA states that  
            the standards that this bill requires Cal/OSHA to adopt will  
            improve the safety and security of registered nurses and  
            healthcare workers throughout the state.

          This bill is also supported by the Consumer Attorneys of  
            California (CAC), which states that according to the Bureau of  
            Labor Statistics, health care and social assistance workers  
            experience the most assaults on the job, accounting for almost  
            60 percent of violent assaults in the workplace. CAC states  
            that ensuring the safety of healthcare workers from workplace  
            injuries is important not only to workers themselves, but to  
            the patients they serve, and that this bill will strengthen  
            patient safety in California by protecting health care workers  
            from aggressive and violent behavior.

          The California Industrial Hygiene Council states in support that  
            the healthcare industry is the fastest-growing industry in the  
            United States and it is also one of the most dangerous places  
            to work. This bill provides reasonable provisions to improve  
            the safety and security of healthcare workers throughout the  
            state.

          5.Opposition.  The California Hospital Association (CHA) states  
            in opposition that this bill is unnecessary as current law  
            requires hospitals to adopt and implement a comprehensive  
            workplace violence prevention plan, and that Cal/OSHA already  
            has jurisdiction to investigate, remedy and enforce situations  
            involving workplace violence. CHA states that the training  
            requirements in this bill duplicate existing law and also  
            unreasonably expand the scope. According to CHA, existing law  
            already requires hospitals to provide annual training for  
            staff in the emergency department as well as any high risk  
            areas as identified in the security assessment. This bill  
            would require training for all direct patient care employees,  
            rather than just those in high risk areas, which is a  
            significant unfunded mandate. CHA also notes that this bill is  
            unnecessary as two petitions were recently filed with the  
            Cal/OSHA Standards Board requesting that it develop  
            regulations pertaining to workplace violence in healthcare,  
            including one petition by the sponsor of this bill. Finally,  
            CHA states that the prohibition on a hospital's ability to  
            direct employees to contact internal security staff rather  
            than local emergency services or law enforcement is not in the  
            best interest of employee safety or patient care. According to  




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            CHA, the decision about when to call law enforcement is  
            inextricably intertwined with patient care decisions, and that  
            it is not unreasonable to expect employees to use a chain of  
            command to ensure that the proper resource is used. This bill  
            is also opposed by the Association of California Healthcare  
            Districts, which states that this bill is duplicative and  
            unnecessary.
          
           SUPPORT AND OPPOSITION  :
          Support:  California Nurses Association (sponsor)
                    California Industrial Hygiene Council
                    Consumer Attorneys of California
                    LIUNA Locals 777 & 792
                    
          Oppose:   Association of California Healthcare Districts
                    California Hospital Association







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