Work violence bill is one to watch
The Workplace Violence Prevention for Health Care and Social Service Workers Act passed the House in 2021 as H.R. 1195. Now Senator Tammy Baldwin (D-WI) introduced S. 4182, a Senate version of the bill, in an effort to get the Act over the finish line. “Our nurses, doctors, social services workers, and healthcare professionals deserve to work in a safe environment free from violence,” argues the lawmaker.
Interim final rule would come first
Either bill, if signed into law, would direct OSHA to issue an interim final rule within one year of enactment of the Act. If OSHA fails to issue the interim rule on time, the provisions in the bill would take effect one year after enactment of the Act.
The interim rule must be based on “Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers,” which was published by OSHA in 2015. In addition, the rule would require certain healthcare and social service sector employers to develop and implement a comprehensive workplace violence prevention plan, no later than six months after the date the interim rule is promulgated.
Proposed rule, then final rule, would follow
Within 24 months after the Act’s enactment, OSHA would be required to publish a proposed rule. A permanent final rule would follow, no later than 42 months after enactment of the Act, and can be no less protective than any workplace violence standard adopted in California, Washington state, or any other state-plan state.
The bills list covered facilities and exclusions, as well as mandated regulatory provisions, including:
- Written prevention plan elements,
- Incident investigation,
- Training,
- Recordkeeping and records access,
- Annual reporting to OSHA,
- Plan evaluation and updates, and
- Anti-retaliation.
OSHA’s activities in lieu of legislation
OSHA has promised action on the workplace violence hazard since January 2017, and a rulemaking description is posted on the agency’s semi-annual agenda. That rulemaking covering only the healthcare and social services sectors is at the small business panel stage. A small business panel is anticipated in Fall 2022, which would likely review either an outline or draft of the rule.
It should be noted that OSHA can cite and has cited section 5(a)(1), the General Duty Clause, of the Occupational Safety and Health Act when the agency finds employers that expose workers to this recognized hazard. While the latest bills and the upcoming OSHA rulemaking focus on the healthcare and social services industries, General Duty Clause citations can be used in any industry with work violence hazards.
