BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 11, 2014

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                               Roger Hernández, Chair
                    SB 1299 (Padilla) - As Amended:  June 5, 2014

           SENATE VOTE  :   22-13
           
          SUBJECT  :   Workplace violence prevention plans.

           SUMMARY  :   Enacts various requirements related to workplace  
          violence prevention plans for hospitals.  Specifically,  this  
          bill  :

          1)Requires the OSHA Standards Board, no later than July 1, 2016,  
            to adopt standards that require specified hospitals to adopt a  
            workplace violence prevention plan as a part of their injury  
            and illness prevention plans to protect health care workers  
            and other facility personnel from aggressive and violent  
            behavior.

          2)Specifies that this bill does 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.

          3)Specifies that the standards shall include all of the  
            following:

             a)   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.

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

               i)     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.

               ii)    An incident involving the use of a firearm or other  
                 dangerous weapon, regardless of whether the employee  








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                 sustains an injury.

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

               i)     Personnel education and training policies that  
                 require all health care workers who provide direct care  
                 to patients to, at least annually, receive specified  
                 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.

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

               iii)   A system to, at least annually, assess and improve  
                 upon factors that may contribute to, or help prevent  
                 workplace violence, as specified.

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

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

             f)   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.

             g)   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.

             h)   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  








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               presents an urgent or emergent threat to the welfare,  
               health, or safety of hospital personnel, the hospital shall  
               report the incident to the Division of Occupational Safety  
               and Health (DOSH) within 24 hours. All other incidents of  
               violence shall be reported to DOSH within 72 hours.

          4)Requires DOSH, by January 1, 2017, and annually thereafter, in  
            a manner that protects patient and employee confidentiality,  
            to 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, the outcome of any  
            related inspection or investigation, the citations levied  
            against a hospital based on a violent incident, and  
            recommendations of DOSH on the prevention of violent incidents  
            at hospitals.

          5)Specifies that this bill does not limit the authority of the  
            Standards Board to adopt standards to protect employees from  
            workplace violence and shall not be interpreted to preclude it  
            from adopting standards that require other employers,  
            including those exempted from this bill, to adopt plans to  
            protect employees from workplace violence.

          6)Specifies that this bill shall not be interpreted to preclude  
            the Standards Board from adopting standards that require an  
            employer covered by this bill, or any other employers, to  
            adopt a workplace violence prevention plan that includes  
            elements or requirements additional to, or broader in scope,  
            than those described in this bill.

           EXISTING LAW  under the Health and Safety Code requires hospitals  
          to conduct an annual security and safety assessment, and using  
          that assessment, develop and annually update a security plan  
          with measures to protect personnel, patients, and visitors from  
          aggressive or violent behavior.  (Health and Safety Code  
          §1257.7).  Existing law also establishes a mechanism 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.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the Department of Industrial Relations (DIR) would  
          incur costs of $375,000 in the first year and $268,000 ongoing  
          related to information technology costs and additional  








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          rulemaking.  

           COMMENTS  :  This bill would require the OSHA Standards Board, no  
          later than July 1, 2015, to adopt standards developed by DOSH  
          that require specified hospitals to adopt a workplace violence  
          prevention plan as part of their injury and illness prevention  
          plan to protect health care workers and other facility personnel  
          from aggressive and violent behavior.  

          According to the National Institute for Occupational Safety and  
          Health (NIOSH), which is part of the federal Centers for Disease  
          Control and Prevention, since the 1980s, violence has been  
          recognized as a leading cause of occupational mortality and  
          morbidity.  These tragic deaths and injuries stress the need for  
          a proactive and collaborative workplace prevention effort at the  
          national and state level.  As part of its Workplace Prevention  
          Research and Prevention Initiative during 2003, NIOSH convened a  
          series of stakeholder meetings that focused on various types of  
          workplace violence and the industries and occupations at risk. 

          A 2007 report, "Evaluation of Safety and Security Programs to  
          Reduce Violence in Health Care Settings," commissioned by the  
          National Institute of Occupational and Environmental Health,  
          found that health care workers have a high risk of work-related  
          assault, and nurses are at particularly high risk, with the  
          highest rate of victimization among occupations in the  
          healthcare industry.  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 which suggested potential for improved  
          protection and/or improved efficiency. Among others, these were  
          some of the areas identified for needed improvement:

                 Surveillance of workplace violence events is  
               uncoordinated and inefficient.
                 Nursing staff within emergency departments were often  
               unsatisfied with their interactions with security  
               personnel.
                 Although all hospitals trained the majority of personnel  
               in emergency and psychiatric units, no hospitals trained  
                all  employees regularly stationed in the unit.
                 Employee training programs rarely included review of  
               violence trends within their specific hospital.
                 OSHA logs and employers' reports did not provide  








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               detailed information about the circumstances of a violent  
               event, which could limit prevention efforts.
                 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. 

          In order to address the problem of workplace violence, the  
          author has introduced this bill to require the OSHA Standards  
          Board, no later than July 1, 2015, to adopt standards developed  
          by the DOSH that require specified hospitals to develop a  
          workplace violence prevention plan to protect health care  
          workers and other facility personnel from aggressive and violent  
          behavior.
           Current Petitions Before the OSHA Standards Board  

          Earlier this year, two petitions, one from the California Nurses  
          Association (CNA) and another from SEIU Local 121RN/ SEIU Nurse  
          Alliance of California, were submitted to the OSHA 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 Health and Safety Code and Labor Code, a  
          specific, enforceable standard for workplace violence prevention  
          is needed to protect healthcare 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 OSHA Standards Board must consider all petitions and issue a  
          decision within six months. Petitions are referred to DOSH for  
          an evaluation (Labor Code §147) and the OSHA Standards Board's  
          staff also prepares an independent evaluation of the petition. 

           ARGUMENTS IN SUPPORT  :

          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.  The  
          author cites a finding from the U.S. Bureau of Labor Statistics,  
          which states that a worker in health care and social assistance  
          is nearly five times more likely to be the victim of a nonfatal  








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          assault or violent act by another person than the average worker  
          in all other major industries combined.  In 2007, nearly 60  
          percent of all nonfatal assaults and violent acts by persons  
          occurred in the health care and social assistance industry.  The  
          fatal injury rate between 2003 and 2007 was twice the average  
          rate for workers in all industries combined.

          According to the sponsor, CNA, these findings are consistent  
            with anecdotal evidence from RNs
          and other health care workers throughout the state who have  
          expressed worry and frustration over inadequate protections from  
          violence in their workplace.  These concerns, they argue,  
          reached a fever pitch near the end of October 2010, when Cynthia  
          Palomata, an RN at Contra Costa County's Martinez correctional  
          facility was violently assaulted and killed by an inmate while  
          attempting to provide him care.  CNA argues that her death has  
          sparked a public outcry over the safety of RNs and other health  
          care workers, and called into question the efforts of employers  
          to have in place standards and policies that ensure the safety  
          and security of its workers. 

          The author and proponents believe that by requiring the OSHA  
          Standards Board to adopt standards addressing workplace violence  
          in hospitals, this bill would put forth reasonable provisions  
          that would enhance safety and security protections for the  
          healthcare labor force. Additionally, the author states that at  
          least 16 states have enacted laws aimed at addressing workplace  
          violence against health care workers.  The requirements among  
          these laws vary widely, ranging from requiring health facilities  
          to have safety and security plans, establishing fair leave  
          policies to employee victims, and increasing criminal penalties  
          for assaults against health care workers.




           ARGUMENTS IN OPPOSITION  :

          According to opponents, California hospitals take very seriously  
            the duty of providing a safe,
          healthy environment for patients as well as staff and argue that  
          this bill is simply unnecessary as (1) current law requires  
          hospitals to adopt and implement a comprehensive workplace  
          violence prevention plan, (2) DOSH already has jurisdiction to  
          investigate, remedy and enforce situations involving workplace  








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          violence, and (3) the sponsor of this bill, the California  
          Nurses Association, has initiated the regulatory process with  
          the OSHA Standards Board.  Additionally, they argue that the  
          California Department of Public Health (CDPH) already reviews  
          the adequacy of these workplace violence prevention plans and  
          evaluates compliance. If problems are found, then hospitals  
          would be subject to administrative penalties. 

          According to opponents, the training requirements in this bill  
          duplicate existing law and unreasonably expand the scope.   
          Currently, hospitals are required to provide annual training for  
          staff in the emergency department (ED) 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 only those in high risk areas, a provision that, they  
          argue, creates a significant unfunded mandate without any  
          evidence of a corresponding benefit and does not allow hospitals  
          the ability to allocate training resources appropriately. 

          Additionally, opponents argue 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 because contacting internal security can provide  
          the assistance and support needed in a timelier manner.  They  
          also argue that some in some units, such as a psychiatric unit,  
          the presence of uniformed officers can be detrimental to patient  
          care.  Thus, they argue, it is not unreasonable to expect  
          employees to use a chain of command to ensure that the proper  
          resource is used and if law enforcement is called in, they know  
          where to go and can partner with the hospital security  
          personnel. 

          Finally, opponents believe that this bill is duplicative of  
          current efforts already underway at the OSHA Standards Board,  
          where two petitions have been filed requesting that regulations  
          be developed pertaining to workplace violence in healthcare.

           PRIOR RELATED LEGISLATION  :

          SB 718 (Yee) of 2013 would have directed all hospitals, as part  
          of their required injury and illness prevention programs, to  
          adopt a workplace violence prevention plan designed to protect  
          health care workers and others from aggressive or violent  
          behavior.  However, that bill did not contain a requirement that  








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          DOSH develop standards and that the OSHA Standards Board adopt  
          those standards by a prescribed date.  SB 718 was placed on the  
          inactive file on the Assembly Floor.

          AB 30 (Hayashi) of 2011 was similar to this bill, but proposed  
          to expand on existing Health and Safety Code provisions  
          requiring hospitals to develop a security plan.  AB 30 was held  
          in the Assembly Appropriations Committee.

          AB 1083 (John A. Pérez), Chapter 506, Statutes of 2009, required  
          hospital security and safety assessments to be conducted not  
          less than annually, and required 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.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Nurses Association/California
          California Industrial Hygiene Council
          California Nurses Association (sponsor)
          Consumer Attorneys of California
          Laborers' International Union of North America Locals 777 and  
                    792
           
            Opposition 
           
          Association of California Healthcare Districts
          California Hospital Association


           Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 










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