Federal - HR 1195

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 22, 2021

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 145

Latest Actions See More/Less

  • April 22, 2021K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.103, and would have voted nay if present. Congressional Record p. E446

  • April 22, 2021K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.102, and would have voted nay if present. Congressional Record p. E446

  • April 21, 2021Franklin, R-Fla., House speech: Personal explanation for roll call vote no.118, and would have voted nay if present. Congressional Record p. E438

  • April 21, 2021Franklin, R-Fla., House speech: Personal explanation for roll call vote no.117, and would have voted yea if present. Congressional Record p. E438

  • April 19, 2021Boebert, R-Colo., House speech: Personal explanation for roll call vote no.118, and would have voted nay if present. Congressional Record p. E418

  • April 19, 2021Huizenga, R-Mich., House speech: Personal explanation for roll call vote no.118, and would have voted nay if present. Congressional Record p. E418

  • April 19, 2021Miller, R-Ill., House speech: Personal explanation for roll call vote no.118, and would have voted nay if present. Congressional Record p. E416

  • April 19, 2021 — Received in the Senate and referred to the Senate Health, Education, Labor and Pensions Committee. Congressional Record p. S2011

  • April 16, 2021Mrvan, D-Ind., House speech: Personal explanation for roll call vote no.118, and would have voted yea if present. Congressional Record p. H1872

  • April 16, 2021House Vote 118 Workplace Violence Prevention — Passage
    Passage of the bill that would require health care and social service industry employers to develop and implement comprehensive workplace violence prevention plans. It would require the Occupational Safety and Health Administration to issue a final standard for such plans, based on 2015 OSHA guidelines, within 42 months of enactment and require employers to develop and implement such plans within six months of the final standard being issued. It would require workplace violence prevention plans to include certain procedures for reporting, responding to, and mitigating risks of incidents of workplace violence, including for employers to investigate and take corrective actions in response to violent incidents. It would require employers to investigate any workplace violence incident, risk, or hazard "as soon as practicable." It would also require employers to develop and implement plans with participation from employees and employee representatives; provide annual training to employees exposed to workplace violence hazards and risks; and maintain records related to workplace violence plans, incidents, and response for at least five years. The bill's provisions would apply to employers of individuals working in most health care facilities, including hospitals, nursing homes, and drug abuse treatment centers, as well as employers of individuals providing related services, including home-based health care or social work and emergency services. Passed 254-166. Note: A "yea" was a vote in support of the president's position. 41 members voted remotely by proxy, pursuant to the provisions of H Res 8 during the public health emergency period related to COVID-19. Congressional Record p. H1872

  • April 16, 2021House Vote 117 Workplace Violence Prevention — Rulemaking Requirements
    Keller, R-Pa., amendment no. 5 that would strike language requiring the Labor Department, within 42 months of the bill's enactment, to issue a final standard on workplace violence prevention. The amendment would instead allow the department to include a phase-in period for any new final standards under the standard rulemaking process. It also would require the department to carry out a workplace violence prevention educational campaign during its rulemaking process. Rejected 168-256. Note: 41 members voted remotely by proxy, pursuant to the provisions of H Res 8 during the public health emergency period related to COVID-19. Congressional Record p. H1867-H1872

  • April 16, 2021 — Courtney, D-Conn., en bloc amendments no. 1, adopted by voice vote. (En bloc package consisting of amendment nos. 1, 2, 3, 4, and 6.) Congressional Record p. H1865-H1867

  • April 16, 2021 — Considered by the House. Congressional Record p. H1849-H1872

  • April 15, 2021Budd, R-N.C., House speech: Personal explanation for roll call vote no.102, and would have voted nay if present. Congressional Record p. E400

  • April 14, 2021 — House rule, H Res 303, agreed to by roll call vote, 217-207. Congressional Record p. H1785

  • April 13, 2021 — Rules Committee resolution, H Res 303, reported to the House as a rule for HR 1195.

  • April 13, 2021Statement of Administration Policy issued by Office of Management and Budget.

  • April 13, 2021 — House Rules Committee granted a structured rule providing for consideration of the bill. Congressional Record p. H1734

  • April 13, 2021 — Full committee proceeding held by the House Rules Committee.

  • April 5, 2021 — House Education and Labor Committee and House Ways and Means Committee discharged pursuant to clause 2 of Rule XIII. Congressional Record p. H1712

  • April 5, 2021 — Reported to the House amended by the House Education and Labor Committee and placed on the Union Calendar. H Rept 117-14, Pt. 1Congressional Record p. H1712

  • April 5, 2021 — Additional cosponsor(s): 2

    Kim, (D-N.J.)Lamb, (D-Pa.)
  • April 1, 2021 — Additional cosponsor(s): 10

    Bass, (D-Calif.)Schrier, (D-Wash.)Velazquez, (D-N.Y.)
    Newman, (D-Ill.)Stauber, (R-Minn.)Williams, (D-Ga.)
    Ross, (D-N.C.)Strickland, (D-Wash.)
    Schrader, (D-Ore.)Tonko, (D-N.Y.)
  • March 26, 2021 — Additional cosponsor(s): 8

    Gallego, (D-Ariz.)Larsen, R. (D-Wash.)Pappas, (D-N.H.)
    Johnson, E.B. (D-Texas)Lieu, (D-Calif.)Sarbanes, (D-Md.)
    Johnson, H. (D-Ga.)Mfume, (D-Md.)
  • March 24, 2021 — Full committee consideration and markup held by the House Education and Labor Committee.

    March 24, 2021 — Committee Vote: Workplace Violence — Republican Substitute
      Walberg, R-Mich. —

    Amendment to the Courtney, D-Conn., substitute amendment that would strike language in the bill that would require the Labor secretary, within 42 months of the bill's enactment, to issue a final standard on workplace violence prevention that would be effective and enforceable in the same manner as any standard issued under the authority of the 1970 the Occupational Safety and Health law. The amendment would allow the secretary to include a reasonable phase-in period of any new final standards. It also would require the Labor Department to carry out an educational campaign on the issue of work place violence prevention during its rulemaking process.

    Rejected 20-27.

    March 24, 2021 — Committee Vote: Workplace Violence — Substitute Amendment
      Courtney, D-Conn. —

    Substitute amendment that would ensure any new final standard on workplace violence prevention issued by the Labor Department provide no less protection than any standard adopted by a state, provided the Labor secretary finds the standard is feasible based on the best available evidence.

    The amendment also would exempt the provisions included in the bill from a 1993 executive order relating to regulatory planning and review. It also would eliminate the findings section of the bill.

    Adopted by voice vote.

    March 24, 2021 — Committee Vote: Workplace Violence — Vote to Report

    Direct the Labor secretary 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 one 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 the department to allow for a 30-day public comment period on the interim rule.

    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 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.
    • Be appropriate for the size, complexity and type of operations of the facility.
    • 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, annually by February 15, to provide a report to the Labor secretary on the frequency and severity of workplace violence as well as incident response and post-incident investigation. The bill also would 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 also would exempt provisions of the bill from a Sept. 30, 1993 executive order relating to regulatory planning and review.

      Ordered reported favorably to the full House (as amended) 27-20.

  • March 23, 2021 — Additional cosponsor(s): 5

    Leger Fernandez, (D-N.M.)Peters, S. (D-Calif.)Tlaib, (D-Mich.)
    Manning, (D-N.C.)Sherrill, (D-N.J.)
  • March 19, 2021 — Additional cosponsor(s): 9

    Aguilar, (D-Calif.)Grijalva, (D-Ariz.)Pingree, (D-Maine)
    Bowman, (D-N.Y.)Jayapal, (D-Wash.)Stevens, (D-Mich.)
    Cleaver (D-Mo.)Kuster, (D-N.H.)Takano, (D-Calif.)
  • March 16, 2021 — Additional cosponsor(s): 10

    Axne, (D-Iowa)Keating, (D-Mass.)Underwood, (D-Ill.)
    Brown, A. (D-Md.)McBath, (D-Ga.)Yarmuth, (D-Ky.)
    Espaillat, (D-N.Y.)Meng, (D-N.Y.)
    Jacobs, (D-Calif.)Raskin, (D-Md.)
  • March 8, 2021 — Additional cosponsor(s): 20

    Brownley, (D-Calif.)Kelly, R. (D-Ill.)San Nicolas, (D-Guam)
    Chu, (D-Calif.)Kirkpatrick, (D-Ariz.)Scanlon, (D-Pa.)
    Connolly, (D-Va.)Lowenthal, (D-Calif.)Sires, (D-N.J.)
    Evans, (D-Pa.)McNerney, (D-Calif.)Thompson, M. (D-Calif.)
    Frankel, (D-Fla.)Napolitano, (D-Calif.)Wasserman Schultz, (D-Fla.)
    Gomez, (D-Calif.)Payne (D-N.J.)Wilson, F. (D-Fla.)
    Huffman, (D-Calif.)Ruppersberger, (D-Md.)
  • March 3, 2021 — Additional cosponsor(s): 11

    Carson, (D-Ind.)Kildee, (D-Mich.)Lynch, (D-Mass.)
    Dingell, (D-Mich.)Lawson, (D-Fla.)O'Halleran, (D-Ariz.)
    Himes, (D-Conn.)Lee, B. (D-Calif.)Panetta, (D-Calif.)
    Jones, (D-N.Y.)Levin, (D-Mich.)
  • March 2, 2021 — Additional cosponsor(s): 33

    Beatty, (D-Ohio)DelBene, (D-Wash.)Rush, (D-Ill.)
    Blumenauer, (D-Ore.)Deutch, (D-Fla.)Ryan, T. (D-Ohio)
    Boyle, (D-Pa.)Garamendi, (D-Calif.)Sanchez, (D-Calif.)
    Butterfield, (D-N.C.)Garcia, (D-Texas)Schiff, (D-Calif.)
    Carbajal, (D-Calif.)Houlahan, (D-Pa.)Smith, Adam (D-Wash.)
    Cicilline, (D-R.I.)McCollum, (D-Minn.)Speier, (D-Calif.)
    Craig, (D-Minn.)Norcross, (D-N.J.)Stanton, (D-Ariz.)
    Crist, (D-Fla.)Omar, (D-Minn.)Suozzi, (D-N.Y.)
    Crow, (D-Colo.)Pocan, (D-Wis.)Titus, (D-Nev.)
    DeFazio, (D-Ore.)Price, (D-N.C.)Vargas, (D-Calif.)
    DeGette, (D-Colo.)Rice, K. (D-N.Y.)Vela, (D-Texas)
  • Feb. 26, 2021 — Additional cosponsor(s): 30

    Barragan, (D-Calif.)Doyle, (D-Pa.)Mrvan, (D-Ind.)
    Blunt Rochester, (D-Del.)Foster, (D-Ill.)Norton, (D-D.C.)
    Bonamici, (D-Ore.)Garcia, (D-Ill.)Sablan, (I-N. Marianas)
    Casten, (D-Ill.)Hastings, (D-Fla.)Schakowsky, (D-Ill.)
    Castro, (D-Texas)Hayes, (D-Conn.)Sherman, (D-Calif.)
    Clark, K. (D-Mass.)Larson, J. (D-Conn.)Thompson, B. (D-Miss.)
    Cooper, (D-Tenn.)Maloney, C. (D-N.Y.)Trahan, (D-Mass.)
    Dean, (D-Pa.)Moore, (D-Wis.)Van Drew, (R-N.J.)
    DeLauro, (D-Conn.)Morelle, (D-N.Y.)Welch, (D-Vt.)
    DeSaulnier, (D-Calif.)Moulton, (D-Mass.)Wild, (D-Pa.)
  • Feb. 22, 2021 — Original cosponsor(s): 7

    Adams, (D-N.C.)Fitzpatrick, (R-Pa.)Young, Don (R-Alaska)
    Bacon, (R-Neb.)Khanna, (D-Calif.)
    Cole, (R-Okla.)Scott, R. (D-Va.)
  • Feb. 22, 2021 — Read twice and referred to: House Education and Labor, House Energy and Commerce, House Ways and Means.Congressional Record p. H548