N.H. Rev. Stat. § 277-C:2 — NH Code / Title XXIII / Chapter 277-C / Section 2
277-C:2 Health Care Workplace Violence Prevention Program.
Status: in_force

I. Except as provided in paragraph II, health facilities shall implement and maintain a workplace violence prevention program. Said program shall consider the size and complexity of the health facility and shall address the following topics, and others deemed appropriate by the health facility, the goal of which is to encourage participation and address prevention, recognition, response, and reporting of workplace violence: (a) Policies and procedures to prevent and respond to workplace violence and hostile words. (b) Appropriate training, education, and resources to employees based on their roles and responsibilities. Said training, education, and resources shall include: (1) Education on what constitutes workplace violence and hostile words. (2) Education on the roles and responsibilities of leadership, clinical staff, security personnel, if applicable, and external law enforcement. (3) Training in de-escalation, nonphysical intervention skills, response to emergency incidents, and at the discretion of the health facility, physical intervention techniques. (4) The reporting process for workplace violence and hostile words incidents. (c) A process to report workplace violence and hostile words incidents internally and externally in order to analyze incidents and trends. (d) A process for follow-up and to support victims and witnesses affected by workplace violence or hostile words, including information about available counseling. (e) A process to conduct an annual facility-specific risk assessment, which shall: (1) Examine all existing and potential workplace violence and hostile words risks, including environmental and patient-specific risk factors, the health facility's workplace violence and hostile words incidents, and how the program's policies and procedures, training, education, and environmental design reflect best practices and conform to applicable laws and regulations; and (2) Be used to develop recommendations to reduce the risk of workplace violence and hostile words. II. A health facility accredited by the Joint Commission on the accreditation of healthcare organizations may give proof of compliance with Joint Commission standards on workplace violence prevention to the health care workplace safety commission established in RSA 151-J, in lieu of paragraph I. III. The commissioner of the department of labor shall monitor participation in the workplace violence prevention program so that participation status is proactively known and that this status is properly reported in the annual report described in RSA 151-J:7. IV. Each health facility shall prepare and submit to the health care workplace safety commission established in RSA 151-J an annual report containing all workplace violence and hostile words incidents reported to the health facility directed at an employee by a patient, coworker, supervisor, manager, or other individuals who have a personal relationship with a patient. The chair of the health and human services oversight committee, established in RSA 126-A:13, with the advice of the health care workplace safety commission, may recommend updates to New Hampshire statutes or recommend updates to the rules adopted for the implementation of this section. IV-a. The commissioner of the department of labor, in consultation with the health care workplace safety commission and the health and human services oversight committee, shall adopt rules pursuant to RSA 541-A deemed necessary for the implementation of this section, including a common reporting form. Health facilities shall use the form to report workplace violence or hostile words incidents to the department of labor on a monthly basis. V. (a) The annual report required under paragraph IV and the monthly reports to the department of labor required under paragraph IV-a shall include but not be limited to, for each workplace violence or hostile words incident, a description of: (1) The incident, including environmental and patient-specific risk factors present at the time of the incident, as well as the appropriate categorization of the incident as workplace violence and/or hostile words. (2) The date, time, and location of the incident. (3) The nature and extent of injuries to employees. (4) A classification, but not any identifiable personal information, of each perpetrator who committed the violence, including whether the perpetrator was: (A) A patient; (B) An individual who has or is known to have had a personal relationship with a patient; (C) A coworker, supervisor, or manager; or (D) Any other appropriate classification. (5) How the incident was abated, including any incident response and post-incident investigation. (6) If the incident involves a patient, the patient's name or other similar identifier shall not be included in the report, provided that the report may include the patient's diagnosis code and whether or not behavioral health or disability were a factor. (7) The percentage of employees that have participated in the workplace violence prevention program in the reporting year immediately preceding the incident. This percentage shall be an annual point in time percentage and is not intended to be a rolling number calculated upon each incident. (b) The report shall preserve the reporting distinction between workplace violence and hostile words incidents. There shall not be any identifiable personal information included in any report unless contained within an attached police report or other official report of a governmental entity. No person or health care facility shall retaliate in any manner against any reporting individual acting in good faith, or otherwise discriminate against, a person, employee, or subordinate who exercises any rights under this section or rules adopted pursuant to this section, or by any policy or procedure promulgated under this section or RSA 151-J, including but not limited to reporting of a workplace violence or hostile words incident or otherwise providing notice to the health facility regarding the occupational health and safety of the employee or their fellow employees exposed to workplace violence or hostile words risk factors. Nothing in this section shall be construed to authorize an employee to refuse to discharge his or her ordinary and customary duties in the workplace. (c) The confidentiality provisions contained within RSA 151-J:5 shall apply to records collected pursuant to this chapter. VI. The commissioner of the department of labor shall be responsible for maintaining, in an easily navigable, searchable, distinct page on the department's website, a database to share information on the activities of the New Hampshire health care workplace safety commission. Topics included on the page shall include, but not be limited to: (a) A listing of all health care facilities by name, with their business address included, which are subject to the provisions of the workplace violence prevention program. (b) The participation status of each facility as active, inactive, or unknown. (c) The dates of each meeting of the New Hampshire health care workplace safety commission. (d) Annually, a press release shall be issued within 60 days of the end of the calendar year, highlighting the active participation of health care facilities and any major findings or recommendations. VII. Notwithstanding the requirements of this chapter, a health facility that is an urgent care center shall not be required to comply with this chapter before July 1, 2024.