H.R. 2531 — Workplace Violence Prevention for Health Care and Social Service Workers Act

This section directs the Secretary of Labor to issue an interim final occupational safety and health standard on workplace violence prevention for certain employers in the health care and social service sectors (and sectors with similar activities) not later than one year after enactment of this Act. The interim standard—based at a minimum on OSHA's 2015 Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers—requires employers to develop and implement comprehensive workplace violence prevention plans and other activities under section 103 of this Act; waives procedural requirements under section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)), chapters 5 and 6 of title 5, U.S. Code, the Paperwork Reduction Act, and Executive Order 12866 (while requiring a 30-day Federal Register comment period); provides up to one year of prioritized technical assistance; takes effect not later than 30 days after issuance (with possible phase-in for engineering controls); and remains enforceable until superseded by a final standard (or, if not issued timely, this title's provisions apply as a standard). Not later than 42 months after enactment (with a proposed standard due within two years), the Secretary must promulgate a final standard pursuant to standard section 6 procedures that includes the interim requirements and provides no less protection than any approved state plan (if feasible based on the best available evidence).

This section defines key terms for purposes of this title, including (1) "covered facility" as hospitals (including outpatient settings), residential treatment facilities (e.g., nursing homes, skilled nursing facilities, long-term care facilities), non-residential treatment settings, medical or social service settings in correctional or detention facilities, community care settings (e.g., group homes, mental health clinics), psychiatric facilities, substance use disorder treatment centers, freestanding emergency centers, certain federal facilities subject to 29 CFR § 1960, and others designated by the Secretary (excluding offices of individual physicians, dentists, or other health practitioners not located within such facilities); (2) "covered services" as field work settings (e.g., home health care, home-based hospice, home-based social work), emergency services and transport (including by firefighters), certain federal services subject to 29 CFR § 1960, and others designated by the Secretary (excluding child day care services); (3) "covered employer" as any person (including contractors, subcontractors, temporary firms, or employee leasing entities) employing individuals at a covered facility or to perform covered services (excluding individuals privately employing persons in their residence); and (4) "covered employee" as individuals employed by a covered employer at a covered facility or to perform covered services.

This section establishes minimum requirements for the workplace violence prevention standard required under section 101. It requires each covered employer to develop, implement, and maintain an effective written workplace violence prevention plan for covered employees at each covered facility (or performing a covered service) not later than 6 months after promulgation of the interim final standard, with meaningful employee participation and tailored to facility-specific and patient-specific risks. The plan must (1) designate a responsible individual; (2) include work area-specific risk assessments informed by past incidents and conducted with employee input; (3) apply hierarchy-of-controls hazard corrections (e.g., security systems, lighting, staffing in teams); (4) establish reporting, incident response, post-incident investigation and debriefing, medical care, and trauma counseling procedures; (5) outline emergency response for mass casualties, firearms, or weapons; (6) provide for employee communication and training on hazards, controls, and rights; (7) coordinate with other employers sharing the workplace; and (8) conduct annual evaluations. Plans must be available to covered employees at all times. The section further requires covered employers to investigate all known workplace violence incidents, risks, or hazards as soon as practicable (soliciting employee input on causes and corrections), document findings and actions, and provide annual training to exposed employees on the plan, hazards, controls, reporting, anti-retaliation policies, and rights (with additional hazard recognition training for supervisors).

This section establishes rules of construction, notwithstanding section 18 of the Occupational Safety and Health Act of 1970 (which authorizes state occupational safety and health plans)—(1) nothing in this title curtails or limits the Secretary's authority under any other provision of law; (2) rights, privileges, or remedies of covered employees are in addition to those under any Federal or State law or collective bargaining agreement; (3) nothing in this Act limits or prevents health care workers, social service workers, and other personnel from reporting violent incidents to law enforcement; and (4) nothing in this Act limits or diminishes protections under relevant Federal, State, or local law related to domestic violence, stalking, dating violence, or sexual assault.

This section establishes definitions for purposes of this title, including "workplace violence" (any act or threat of violence at a covered facility or during covered services, excluding lawful self-defense, and including physical force or use of firearms/weapons likely to cause injury, trauma, or stress); "type 1 violence" (by strangers or criminals with no legitimate business); "type 2 violence" (by customers, patients, etc.); "type 3 violence" (by coworkers/supervisors); "type 4 violence" (by personal relations); "threat of violence" (statements/conduct causing reasonable fear of injury with no legitimate purpose); "dangerous weapon" (any instrument capable of death or serious injury); "engineering controls" (e.g., weapon detectors, locks, enclosed workstations); "environmental risk factors" (e.g., isolation, poor lighting); "patient-specific risk factors" (e.g., history of violence, confusion); "Secretary" (of Labor); and "work practice controls" (e.g., staffing, security, de-escalation training).

This section amends Medicare provider agreement requirements (42 U.S.C. 1395cc) to condition participation, for hospitals and skilled nursing facilities not subject to the Occupational Safety and Health Act of 1970 (or an approved state plan), on compliance with the Workplace Violence Prevention Standard promulgated under the Workplace Violence Prevention for Health Care and Social Service Workers Act; and provides for termination of such agreements for noncompliance, consistent with procedures applicable to violations of the Bloodborne Pathogens standard. The amendments apply beginning one year after issuance of the required interim final standard.