Federal - HR 1309

A bill to direct the Secretary of Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan, and for other purposes.

Introduced

February 19, 2019

Description

A bill to direct the Secretary of Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan, and for other purposes.

Our Position

Support

Original Sponsor 1

Co-Sponsors 227

Latest Actions See More/Less

  • Nov. 19, 2019Scheduled action — Full committee business meeting by the House Rules Committee.3 p.m., H-313, U.S. CapitolNew

  • Oct. 31, 2019 — Additional cosponsor(s): 2

    Bishop, S. (D-Ga.)Richmond, (D-La.)
  • Oct. 23, 2019 — Additional cosponsor(s): 1

    Fortenberry, (R-Neb.)
  • Oct. 1, 2019 — Additional cosponsor(s): 1

    Escobar, (D-Texas)
  • Sept. 26, 2019 — Additional cosponsor(s): 1

    Fletcher, (D-Texas)
  • Sept. 17, 2019 — Additional cosponsor(s): 1

    Luria, (D-Va.)
  • Sept. 12, 2019 — Additional cosponsor(s): 1

    McEachin, (D-Va.)
  • Sept. 11, 2019 — Additional cosponsor(s): 2

    Frankel, (D-Fla.)McNerney, (D-Calif.)
  • Sept. 9, 2019 — Additional cosponsor(s): 2

    Beyer (D-Va.)Evans, (D-Pa.)
  • Aug. 27, 2019 — Additional cosponsor(s): 2

    Sherrill, (D-N.J.)Stanton, (D-Ariz.)
  • Aug. 9, 2019 — Additional cosponsor(s): 2

    Houlahan, (D-Pa.)Lewis, John (D-Ga.)
  • Aug. 6, 2019 — Additional cosponsor(s): 3

    Garcia, (D-Texas)Lamb, (D-Pa.)Sewell, (D-Ala.)
  • July 30, 2019 — Additional cosponsor(s): 2

    Horn, (D-Okla.)Schneider, (D-Ill.)
  • July 25, 2019 — Additional cosponsor(s): 2

    Gottheimer, (D-N.J.)Torres Small, (D-N.M.)
  • July 23, 2019 — Additional cosponsor(s): 7

    Connolly, (D-Va.)Nadler, (D-N.Y.)Swalwell, (D-Calif.)
    Deutch, (D-Fla.)Panetta, (D-Calif.)
    Maloney, C. (D-N.Y.)Schrader, (D-Ore.)
  • July 17, 2019 — Additional cosponsor(s): 1

    Torres, (D-Calif.)
  • July 16, 2019 — Additional cosponsor(s): 2

    Delgado, (D-N.Y.)Veasey, (D-Texas)
  • July 12, 2019 — Additional cosponsor(s): 3

    Cummings, (D-Md.)Levin, (D-Calif.)Matsui, (D-Calif.)
  • June 25, 2019 — Additional cosponsor(s): 1

    Young, Don (R-Alaska)
  • June 24, 2019 — Additional cosponsor(s): 3

    Cole, (R-Okla.)Davids, (D-Kan.)Smith, C. (R-N.J.)
  • June 21, 2019 — Additional cosponsor(s): 2

    DeGette, (D-Colo.)Suozzi, (D-N.Y.)
  • June 20, 2019 — Additional cosponsor(s): 1

    Sherman, (D-Calif.)
  • June 19, 2019 — Additional cosponsor(s): 5

    Brindisi, (D-N.Y.)Keating, (D-Mass.)Peters, S. (D-Calif.)
    Huffman, (D-Calif.)Kind, (D-Wis.)
  • June 18, 2019 — Additional cosponsor(s): 2

    Doyle, (D-Pa.)Kilmer, (D-Wash.)
  • June 14, 2019 — Additional cosponsor(s): 1

    Butterfield, (D-N.C.)
  • June 12, 2019 — Additional cosponsor(s): 3

    Gabbard, (D-Hawaii)Lujan, B.R. (D-N.M.)Schiff, (D-Calif.)
  • June 11, 2019 — Full committee consideration and markup held by the House Education and Labor Committee.

    June 11, 2019 — Committee Vote: Workplace Violence Prevention — Public Comment Period
      Stevens, D-Mich. —

    Amendment to the Courtney, D-Conn., substitute amendment that would direct the secretary of Labor to, before issuing the interim final standard on workplace violence prevention, provide notice in the Federal Register of the interim final standard and a 30-day public comment period.

    Amendment to the Courtney, D-Conn., substitute amendment that would direct the secretary of Labor to, before issuing the interim final standard on workplace violence prevention, provide notice in the Federal Register of the interim final standard and a 30-day public comment period.

    Adopted by voice vote.

    June 11, 2019 — Committee Vote: Workplace Violence Prevention — Substitute Amendment
      Byrne, R-Ala. —

    Substitute amendment to the Courtney, D-Conn., substitute amendment that would strike language in the findings section:

    • Citing Bureau of Labor Statistics data on workplace violence rates in the health care and service industries compared to the average workplace.
    • Stating that due to under-reporting, actual injury rates 15 from workplace violence are widely recognized to be 16 higher than reported levels, and that violence in health care settings has adverse impacts on workers and patients, compromising quality of care.
    • Stating that studies have found that proper staff training, staffing levels, resources, and evidence-based interventions can reduce the safety risks of patients and staff, using least-restrictive measures.
    • Stating that employer organizations have challenged the Occupational Health and Safety Administration's authority to utilize the General Duty Clause of a 1970 law (PL 109-236) governing workplace health and safety to enforce against workplace violence hazards.
    • Stating that the Occupational Health and Safety Administration's efforts to move forward with rulemaking have been halting, inconsistent, and slow, therefore legislation is necessary to prompt development of a standard to protect workers.

    It also would strike language:

    • Requiring the promulgation of the interim final standard on workplace violence prevention within one year of the bill's enactment.
    • Stating that requirements under a 1970 law (PL 109-236) governing workplace health and safety and other laws would not apply to the interim final standard.
    • Stating that if an interim final standard is not enacted, the provisions would be enforced in the same manner as any standard promulgated under the 1970 law.
    • Requiring the secretary of Labor to proposal a final standard on workplace violence protection within two years of the bill's enactment.
    • Language that would define the term "threat of violence" as a statement or conduct that causes a person to fear for their safety. It also would strike language that would define the term "dangerous weapon" as an instrument capable of inflicting death or serious bodily injury, regardless of whether it was designed for that purpose.

    It also would add a requirement for the Labor secretary to conduct an educational campaign for employees and employers before issuing the final standard on workplace violence prevention.

    It also would make other technical changes to the bill.

    Substitute amendment to the Courtney, D-Conn., substitute amendment that would strike language in the findings section:

    • Citing Bureau of Labor Statistics data on workplace violence rates in the health care and service industries compared to the average workplace.
    • Stating that due to under-reporting, actual injury rates 15 from workplace violence are widely recognized to be 16 higher than reported levels, and that violence in health care settings has adverse impacts on workers and patients, compromising quality of care.
    • Stating that studies have found that proper staff training, staffing levels, resources, and evidence-based interventions can reduce the safety risks of patients and staff, using least-restrictive measures.
    • Stating that employer organizations have challenged the Occupational Health and Safety Administration's authority to utilize the General Duty Clause of a 1970 law (PL 109-236) governing workplace health and safety to enforce against workplace violence hazards.
    • Stating that the Occupational Health and Safety Administration's efforts to move forward with rulemaking have been halting, inconsistent, and slow, therefore legislation is necessary to prompt development of a standard to protect workers.
    • It also would strike language:

    • Requiring the promulgation of the interim final standard on workplace violence prevention within one year of the bill's enactment.
    • Stating that requirements under a 1970 law (PL 109-236) governing workplace health and safety and other laws would not apply to the interim final standard.
    • Stating that if an interim final standard is not enacted, the provisions would be enforced in the same manner as any standard promulgated under the 1970 law.
    • Requiring the secretary of Labor to proposal a final standard on workplace violence protection within two years of the bill's enactment.
    • Language that would define the term "threat of violence" as a statement or conduct that causes a person to fear for their safety. It also would strike language that would define the term "dangerous weapon" as an instrument capable of inflicting death or serious bodily injury, regardless of whether it was designed for that purpose.
    • It also would add a requirement for the Labor secretary to conduct an educational campaign for employees and employers before issuing the final standard on workplace violence prevention.

      It also would make other technical changes to the bill.

      Rejected 20-25.

      June 11, 2019 — Committee Vote: Workplace Violence Prevention — Substitute Amendment
        Courtney, D-Conn. —

      Substitute amendment that would clarify that hazard recognition training for supervisors and managers should ensure that they can recognize high-risk situations and do not assign employees to situations that might compromise their safety.

      It also would remove the findings section of the bill and make minor technical changes.

      Substitute amendment that would clarify that hazard recognition training for supervisors and managers should ensure that they can recognize high-risk situations and do not assign employees to situations that might compromise their safety.

      It also would remove the findings section of the bill and make minor technical changes.

      Adopted by voice vote.

      June 11, 2019 — Committee Vote: Workplace Violence Prevention — Vote to Report

      Direct the secretary of Labor to issue an occupational health and safety standard requiring covered employers in the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan.

      The bill would require the secretary, within a year of the bill's enactment, to issue an interim final standard on workplace violence prevention, based on the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers published in 2015 by the Labor Department's Occupational Health and Safety Administration.

      It would require that the interim standard take effect 30 days after being issued.

      The bill also would require the Labor secretary, within two years of the bill's enactment, to issue a proposed final standard on workplace violence prevention. Within 42 months of the bill's enactment, it would direct the secretary to issue a final standard containing the same required elements as the interim standard.

      The bill would require that the final standard provide as much as or more protection as any state plan approved by the secretary under a 1970 law (PL 109-236) governing workplace health and safety. It would require the standard to be as effective and enforceable as any standard promulgated under the 1970 law.

      The bill would require standards to direct covered employers, within six months of promulgation of the final standard, to develop and implement a workplace violence prevention plan.

      It would require that plans:

      • Be developed and implemented with the participation of employees, and, if applicable, collective bargaining representatives.
      • Be specific to hazards of the particular workplace and suitable to the workplaces operations.
      • Identify the individuals responsible for implementation.
      • Include reporting, incident response, and post-incident investigation procedures.
      • Include procedures for emergency response.
      • Be available at all times to covered employees.
      • Involve training and education for employees.
      • Involve the maintenance of public, accessible records, including a violent incident log.

      The bill would require covered employers to, by February 15 of every year, provide a report to the secretary of Labor on the frequency and severity of workplace violence as well as incident response and post-incident investigation. The bill would also require employers to conduct annual evaluations of the plan with their employees.

      Under the bill, each covered employer would have a policy prohibiting retaliation against employees for reporting an incident.

      As amended, the bill would:

      • Direct the secretary of Labor to, before issuing the interim final standard, provide notice in the Federal Register of the interim final standard and a 30-day period for public comment.
      • Clarify that hazard recognition training for supervisors and managers should ensure that they can recognize high-risk situations and do not assign employees to situations that might compromise their safety.

      Direct the secretary of Labor to issue an occupational health and safety standard requiring covered employers in the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan.

      The bill would require the secretary, within a year of the bill's enactment, to issue an interim final standard on workplace violence prevention, based on the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers published in 2015 by the Labor Department's Occupational Health and Safety Administration.

      It would require that the interim standard take effect 30 days after being issued.

      The bill also would require the Labor secretary, within two years of the bill's enactment, to issue a proposed final standard on workplace violence prevention. Within 42 months of the bill's enactment, it would direct the secretary to issue a final standard containing the same required elements as the interim standard.

      The bill would require that the final standard provide as much as or more protection as any state plan approved by the secretary under a 1970 law (PL 109-236) governing workplace health and safety. It would require the standard to be as effective and enforceable as any standard promulgated under the 1970 law.

      The bill would require standards to direct covered employers, within six months of promulgation of the final standard, to develop and implement a workplace violence prevention plan.

      It would require that plans:

    • Be developed and implemented with the participation of employees, and, if applicable, collective bargaining representatives.
    • Be specific to hazards of the particular workplace and suitable to the workplaces operations.
    • Identify the individuals responsible for implementation.
    • Include reporting, incident response, and post-incident investigation procedures.
    • Include procedures for emergency response.
    • Be available at all times to covered employees.
    • Involve training and education for employees.
    • Involve the maintenance of public, accessible records, including a violent incident log.
    • The bill would require covered employers to, by February 15 of every year, provide a report to the secretary of Labor on the frequency and severity of workplace violence as well as incident response and post-incident investigation. The bill would also require employers to conduct annual evaluations of the plan with their employees.

      Under the bill, each covered employer would have a policy prohibiting retaliation against employees for reporting an incident.

      As amended, the bill would:

    • Direct the secretary of Labor to, before issuing the interim final standard, provide notice in the Federal Register of the interim final standard and a 30-day period for public comment.
    • Clarify that hazard recognition training for supervisors and managers should ensure that they can recognize high-risk situations and do not assign employees to situations that might compromise their safety.
    • Ordered reported favorably to the full House (As amended) 26-18.

  • June 10, 2019 — Additional cosponsor(s): 4

    Bacon, (R-Neb.)Stevens, (D-Mich.)
    Cleaver (D-Mo.)Tlaib, (D-Mich.)
  • June 6, 2019 — Additional cosponsor(s): 3

    Clay, (D-Mo.)Lowey, (D-N.Y.)Underwood, (D-Ill.)
  • June 5, 2019 — Additional cosponsor(s): 4

    Perlmutter, (D-Colo.)Rouda, (D-Calif.)
    Price, (D-N.C.)Vela, (D-Texas)
  • June 4, 2019 — Additional cosponsor(s): 4

    Carbajal, (D-Calif.)Welch, (D-Vt.)
    Lee, (D-Nev.)Yarmuth, (D-Ky.)
  • June 3, 2019 — Additional cosponsor(s): 4

    Crow, (D-Colo.)Kelly, R. (D-Ill.)
    Heck, (D-Wash.)Speier, (D-Calif.)
  • May 28, 2019 — Additional cosponsor(s): 9

    Aguilar, (D-Calif.)Cartwright, (D-Pa.)Larsen, R. (D-Wash.)
    Beatty, (D-Ohio)Cox, (D-Calif.)Murphy, S. (D-Fla.)
    Bera, (D-Calif.)Kildee, (D-Mich.)Van Drew, (D-N.J.)
  • May 23, 2019 — Additional cosponsor(s): 3

    Castro, (D-Texas)Meeks, (D-N.Y.)Smith, Adam (D-Wash.)
  • May 22, 2019 — Additional cosponsor(s): 2

    Green, A. (D-Texas)Phillips, (D-Minn.)
  • May 21, 2019 — Additional cosponsor(s): 1

    Kirkpatrick, (D-Ariz.)
  • May 20, 2019 — Additional cosponsor(s): 7

    Bass, (D-Calif.)Garcia, (D-Ill.)Tonko, (D-N.Y.)
    DelBene, (D-Wash.)Gonzalez, (D-Texas)
    Fitzpatrick, (R-Pa.)Krishnamoorthi, (D-Ill.)
  • May 17, 2019 — Additional cosponsor(s): 1

    Cooper, (D-Tenn.)
  • May 16, 2019 — Additional cosponsor(s): 7

    Castor, (D-Fla.)Rice, K. (D-N.Y.)Watson Coleman, (D-N.J.)
    Demings, (D-Fla.)Soto, (D-Fla.)
    Kennedy, Joseph P. (D-Mass.)Spanberger, (D-Va.)
  • May 15, 2019 — Additional cosponsor(s): 2

    Doggett, (D-Texas)Titus, (D-Nev.)
  • May 14, 2019 — Additional cosponsor(s): 9

    Barragan, (D-Calif.)Jackson Lee, (D-Texas)Quigley, (D-Ill.)
    Foster, (D-Ill.)Lawson, (D-Fla.)Sarbanes, (D-Md.)
    Gallego, (D-Ariz.)Loebsack, (D-Iowa)Trahan, (D-Mass.)
  • May 10, 2019 — Additional cosponsor(s): 3

    Dingell, (D-Mich.)Serrano, (D-N.Y.)Waters, Maxine (D-Calif.)
  • May 9, 2019 — Additional cosponsor(s): 10

    Brown, A. (D-Md.)Hastings, (D-Fla.)Lieu, (D-Calif.)
    Clark, K. (D-Mass.)Jeffries, (D-N.Y.)Ruppersberger, (D-Md.)
    Finkenauer, (D-Iowa)Johnson, E.B. (D-Texas)
    Gomez, (D-Calif.)Kim, (D-N.J.)
  • May 1, 2019 — Additional cosponsor(s): 7

    Axne, (D-Iowa)Kuster, (D-N.H.)Pascrell (D-N.J.)
    Blunt Rochester, (D-Del.)Morelle, (D-N.Y.)
    Cardenas, (D-Calif.)Neguse, (D-Colo.)
  • April 29, 2019 — Additional cosponsor(s): 14

    Boyle, (D-Pa.)Malinowski, (D-N.J.)Rush, (D-Ill.)
    Bustos, (D-Ill.)Mucarsel-Powell, (D-Fla.)Schrier, (D-Wash.)
    Chu, (D-Calif.)Norcross, (D-N.J.)Scott, D. (D-Ga.)
    Harder, (D-Calif.)Roybal-Allard, (D-Calif.)Trone, (D-Md.)
    Kaptur, (D-Ohio)Ruiz, (D-Calif.)
  • April 18, 2019 — Additional cosponsor(s): 6

    Cicilline, (D-R.I.)Johnson, H. (D-Ga.)McGovern, (D-Mass.)
    Davis, D. (D-Ill.)Lynch, (D-Mass.)Payne (D-N.J.)
  • April 15, 2019 — Additional cosponsor(s): 3

    Golden, (D-Maine)Higgins, B. (D-N.Y.)Langevin, (D-R.I.)
  • April 12, 2019 — Additional cosponsor(s): 2

    Brownley, (D-Calif.)Stefanik, (R-N.Y.)
  • April 9, 2019 — Additional cosponsor(s): 2

    Crist, (D-Fla.)Slotkin, (D-Mich.)
  • April 8, 2019 — Additional cosponsor(s): 2

    Pappas, (D-N.H.)Sanchez, (D-Calif.)
  • April 2, 2019 — Additional cosponsor(s): 6

    Blumenauer, (D-Ore.)Cisneros, (D-Calif.)Shalala, (D-Fla.)
    Case, (D-Hawaii)Lawrence, (D-Mich.)Thompson, B. (D-Miss.)
  • March 29, 2019 — Additional cosponsor(s): 1

    Carson, (D-Ind.)
  • March 25, 2019 — Additional cosponsor(s): 3

    Lowenthal, (D-Calif.)Maloney, S.P. (D-N.Y.)Rose, (D-N.Y.)
  • March 13, 2019 — Additional cosponsor(s): 4

    Craig, (D-Minn.)Meng, (D-N.Y.)
    Grijalva, (D-Ariz.)Scanlon, (D-Pa.)
  • March 12, 2019 — Additional cosponsor(s): 1

    Pressley, (D-Mass.)
  • March 11, 2019 — Additional cosponsor(s): 4

    Hayes, (D-Conn.)Ryan, T. (D-Ohio)
    Moore, (D-Wis.)Visclosky, (D-Ind.)
  • March 8, 2019 — Additional cosponsor(s): 1

    Hill, (D-Calif.)
  • March 7, 2019 — Additional cosponsor(s): 2

    Dean, (D-Pa.)Fudge, (D-Ohio)
  • March 5, 2019 — Additional cosponsor(s): 9

    Cohen, (D-Tenn.)Lofgren, (D-Calif.)Napolitano, (D-Calif.)
    DeFazio, (D-Ore.)McBath, (D-Ga.)Sablan, (I-N. Marianas)
    DeLauro, (D-Conn.)Moulton, (D-Mass.)Vargas, (D-Calif.)
  • Feb. 27, 2019 — Additional cosponsor(s): 1

    Lee, B. (D-Calif.)
  • Feb. 26, 2019 — Additional cosponsor(s): 6

    Davis, S. (D-Calif.)Levin, (D-Mich.)Takano, (D-Calif.)
    Jayapal, (D-Wash.)Porter, (D-Calif.)Wasserman Schultz, (D-Fla.)
  • Feb. 19, 2019 — Original cosponsor(s): 26

    Adams, (D-N.C.)Khanna, (D-Calif.)Pocan, (D-Wis.)
    Bonamici, (D-Ore.)Larson, J. (D-Conn.)Raskin, (D-Md.)
    Clarke, Y. (D-N.Y.)Lipinski, (D-Ill.)Schakowsky, (D-Ill.)
    DeSaulnier, (D-Calif.)McCollum, (D-Minn.)Scott, R. (D-Va.)
    Engel, (D-N.Y.)Norton, (D-D.C.)Sires, (D-N.J.)
    Espaillat, (D-N.Y.)Ocasio-Cortez, (D-N.Y.)Velazquez, (D-N.Y.)
    Garamendi, (D-Calif.)Omar, (D-Minn.)Wild, (D-Pa.)
    Haaland, (D-N.M.)Peterson, (D-Minn.)Wilson, F. (D-Fla.)
    Himes, (D-Conn.)Pingree, (D-Maine)
  • Feb. 19, 2019 — Read twice and referred to: House Education and Labor, House Energy and Commerce, House Ways and Means.Congressional Record p. H2042