BILL ANALYSIS Ó
SB 1299
Page 1
SENATE THIRD READING
SB 1299 (Padilla)
As Amended June 5, 2014
Majority vote
SENATE VOTE :22-13
LABOR AND EMPLOYMENT 5-1 HEALTH 14-5
-----------------------------------------------------------------
|Ayes:|Roger Hernández, Alejo, |Ayes:|Pan, Ammiano, Bonilla, |
| |Chau, Holden, | |Bonta, Chesbro, Gomez, |
| |Ridley-Thomas | |Gonzalez, |
| | | |Roger Hernández, |
| | | |Lowenthal, Nazarian, |
| | | |Nestande, Ridley-Thomas, |
| | | |Rodriguez, Wieckowski |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove |Nays:|Maienschein, Chávez, |
| | | |Mansoor, Patterson, |
| | | |Wagner |
-----------------------------------------------------------------
APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, Ian Calderon, | | |
| |Campos, Eggman, Gomez, | | |
| |Holden, Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Donnelly, Jones, | | |
| |Linder, Wagner | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Enacts various requirements related to workplace
violence prevention plans for hospitals. Specifically, this
bill :
1)Requires the Occupational Safety and Health Administration
(OSHA) Standards Board, no later than July 1, 2016, to adopt
SB 1299
Page 2
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
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,
SB 1299
Page 3
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
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
SB 1299
Page 4
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
OSHA 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 OSHA 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 Section
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 Assembly Appropriations
Committee, this bill will result in:
1)One-time costs to DOSH of $350,000 over two years, and ongoing
costs of approximately $180,000.
2)Cost pressure to the University of California's five medical
centers in the hundreds of thousands of dollars annually
associated with new training requirements of direct care
staff.
3)Cost pressure to the state and other purchaser of health care
by raising the total cost of hospital care by several million
dollars statewide annually, due to new security training
requirements of direct care staff not currently required to
receive this training.
SB 1299
Page 5
COMMENTS : This bill would require the OSHA Standards Board, no
later than July 1, 2016, 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 author, violence in healthcare 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 United States 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 assault or violent act by another person than the
average worker in all other major industries combined. In 2007,
nearly 60% 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.
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.
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
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 DPH already
reviews the adequacy of these workplace violence prevention
SB 1299
Page 6
plans and evaluates compliance. If problems are found, then
hospitals would be subject to administrative penalties.
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.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0004720