IB 

Union Calendar No. 3 

117TH CONGRESS 

1ST SESSION H. R. 1195 

[Report No. 117–14, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 22, 2021 

Mr. COURTNEY (for himself, Mr. SCOTT of Virginia, Mr. BACON, Ms. ADAMS, 

Mr. YOUNG, Mr. KHANNA, Mr. FITZPATRICK, and Mr. COLE) introduced 

the following bill; which was referred to the Committee on Education and 

Labor, and in addition to the Committees on Energy and Commerce, and 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

APRIL 5, 2021 

Additional sponsors: Ms. BONAMICI, Mr. CASTRO of Texas, Ms. WILD, Mr. 

DESAULNIER, Ms. MOORE of Wisconsin, Mrs. TRAHAN, Mr. SHERMAN, 

Mr. GARCI ́A of Illinois, Mr. VAN DREW, Mr. HASTINGS, Mrs. CAROLYN

B. MALONEY of New York, Mr. LARSON of Connecticut, Ms. SCHAKOWSKY, Mr. MORELLE, Mrs. HAYES, Mr. FOSTER, Mr. MRVAN, Ms. 

CLARK of Massachusetts, Ms. NORTON, Mr. SABLAN, Ms. DELAURO, Mr. 

THOMPSON of Mississippi, Mr. WELCH, Ms. DEAN, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Ms. BARRAGA ́N, Ms. BLUNT ROCHESTER, Mr. 

CASTEN, Mr. MOULTON, Mr. COOPER, Mr. VARGAS, Ms. HOULAHAN, Mr. 

STANTON, Mr. POCAN, Ms. MCCOLLUM, Mr. PRICE of North Carolina, 

Mr. CICILLINE, Mrs. BEATTY, Mr. CRIST, Ms. OMAR, Mr. BLUMENAUER, 

Mr. VELA, Mr. CROW, Ms. DEGETTE, Ms. TITUS, Mr. RYAN, Mr. 

DEUTCH, Ms. CRAIG, Mr. SUOZZI, Mr. SMITH of Washington, Miss RICE

of New York, Ms. GARCIA of Texas, Ms. SA ́NCHEZ, Mr. BUTTERFIELD, 

Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. NORCROSS, Mr. 

CARBAJAL, Mr. DEFAZIO, Mr. GARAMENDI, Mr. SCHIFF, Mr. RUSH, Ms. 

DELBENE, Ms. SPEIER, Mr. CARSON, Ms. LEE of California, Mr. LYNCH, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1195 RH

Mr. LEVIN of Michigan, Mr. LAWSON of Florida, Mrs. DINGELL, Mr. 

JONES, Mr. PANETTA, Mr. HIMES, Mr. KILDEE, Mr. O’HALLERAN, Mr. 

SAN NICOLAS, Mr. EVANS, Mr. SIRES, Ms. CHU, Mrs. KIRKPATRICK, Ms. 

LOIS FRANKEL of Florida, Mr. LOWENTHAL, Ms. SCANLON, Ms. KELLY

of Illinois, Mr. GOMEZ, Mrs. NAPOLITANO, Mr. HUFFMAN, Mr. RUPPERSBERGER, Mr. THOMPSON of California, Mr. MCNERNEY, Ms. BROWNLEY, 

Ms. WASSERMAN SCHULTZ, Mr. PAYNE, Mr. CONNOLLY, Ms. WILSON of 

Florida, Ms. MENG, Mr. RASKIN, Mr. KEATING, Mrs. AXNE, Mr. YARMUTH, Ms. JACOBS of California, Ms. UNDERWOOD, Mr. ESPAILLAT, 

Mrs. MCBATH, Mr. BROWN, Ms. JAYAPAL, Mr. BOWMAN, Ms. STEVENS, 

Mr. AGUILAR, Mr. CLEAVER, Mr. TAKANO, Ms. KUSTER, Mr. GRIJALVA, 

Ms. PINGREE, Ms. MANNING, Ms. SHERRILL, Ms. LEGER FERNANDEZ, 

Mr. PETERS, Ms. TLAIB, Mr. SARBANES, Mr. MFUME, Ms. JOHNSON of 

Texas, Mr. GALLEGO, Mr. LIEU, Mr. PAPPAS, Mr. JOHNSON of Georgia, 

Mr. LARSEN of Washington, Ms. NEWMAN, Ms. STRICKLAND, Mr. 

TONKO, Ms. WILLIAMS of Georgia, Ms. BASS, Ms. ROSS, Mr. SCHRADER, 

Ms. SCHRIER, Mr. STAUBER, and Ms. VELA ́ZQUEZ

APRIL 5, 2021 

Reported from the Committee on Education and Labor with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 5, 2021 

Committees on Energy and Commerce and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 22, 2021] 

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. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1195 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workplace Violence Pre5 vention for Health Care and Social Service Workers Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—WORKPLACE VIOLENCE PREVENTION STANDARD 

Sec. 101. Workplace violence prevention standard. 

Sec. 102. Scope and application. 

Sec. 103. Requirements for workplace violence prevention standard. 

Sec. 104. Rules of construction. 

Sec. 105. Other definitions. 

TITLE II—AMENDMENTS TO THE SOCIAL SECURITY ACT 

Sec. 201. Application of the workplace violence prevention standard to certain facilities receiving Medicare funds. 

8 TITLE I—WORKPLACE VIOLENCE 

9 PREVENTION STANDARD 

10 SEC. 101. WORKPLACE VIOLENCE PREVENTION STANDARD. 

11 (a) INTERIM FINAL STANDARD.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary of 

14 Labor shall issue an interim final standard on work15 place violence prevention— 

16 (A) to require certain employers in the 

17 health care and social service sectors, and certain 

18 employers in sectors that conduct activities simi19 lar to the activities in the health care and social 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 1195 RH

1 service sectors, to develop and implement a com2 prehensive workplace violence prevention plan 

3 and carry out other activities or requirements 

4 described in section 103 to protect health care 

5 workers, social service workers, and other per6 sonnel from workplace violence; and 

7 (B) that shall, at a minimum, be based on 

8 the Guidelines for Preventing Workplace Violence 

9 for Healthcare and Social Service Workers pub10 lished by the Occupational Safety and Health 

11 Administration of the Department of Labor in 

12 2015 and adhere to the requirements of this title. 

13 (2) INAPPLICABLE PROVISIONS OF LAW AND EX14 ECUTIVE ORDER.—The following provisions of law 

15 and Executive orders shall not apply to the issuance 

16 of the interim final standard under this subsection: 

17 (A) The requirements applicable to occupa18 tional safety and health standards under section 

19 6(b) of the Occupational Safety and Health Act 

20 of 1970 (29 U.S.C. 655(b)). 

21 (B) The requirements of chapters 5 and 6 of 

22 title 5, United States Code. 

23 (C) Subchapter I of chapter 35 of title 44, 

24 United States Code (commonly referred to as the 

25 ‘‘Paperwork Reduction Act’’). 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 1195 RH

1 (D) Executive Order 12866 (58 Fed. Reg. 

2 51735; relating to regulatory planning and re3 view), as amended. 

4 (3) NOTICE AND COMMENT.—Notwithstanding 

5 paragraph (2)(B), the Secretary shall, prior to 

6 issuing the interim final standard under this sub7 section, provide notice in the Federal Register of the 

8 interim final standard and a 30-day period for pub9 lic comment. 

10 (4) EFFECTIVE DATE OF INTERIM STANDARD.— 

11 The interim final standard shall— 

12 (A) take effect on a date that is not later 

13 than 30 days after issuance, except that such in14 terim final standard may include a reasonable 

15 phase-in period for the implementation of re16 quired engineering controls that take effect after 

17 such date; 

18 (B) be enforced in the same manner and to 

19 the same extent as any standard promulgated 

20 under section 6(b) of the Occupational Safety 

21 and Health Act of 1970 (29 U.S.C. 655(b)); and 

22 (C) be in effect until the final standard de23 scribed in subsection (b) becomes effective and 

24 enforceable. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 1195 RH

1 (5) FAILURE TO PROMULGATE.—If an interim 

2 final standard described in paragraph (1) is not 

3 issued not later than 1 year of the date of enactment 

4 of this Act, the provisions of this title shall be in effect 

5 and enforced in the same manner and to the same ex6 tent as any standard promulgated under section 6(b) 

7 of the Occupational Safety and Health Act (29 U.S.C. 

8 655(b)) until such provisions are superseded in whole 

9 by an interim final standard issued by the Secretary 

10 that meets the requirements of paragraph (1). 

11 (b) FINAL STANDARD.— 

12 (1) PROPOSED STANDARD.—Not later than 2 

13 years after the date of enactment of this Act, the Sec14 retary of Labor shall, pursuant to section 6 of the Oc15 cupational Safety and Health Act (29 U.S.C. 655), 

16 promulgate a proposed standard on workplace vio17 lence prevention— 

18 (A) for the purposes described in subsection 

19 (a)(1)(A); and 

20 (B) that shall include, at a minimum, re21 quirements contained in the interim final stand22 ard promulgated under subsection (a). 

23 (2) FINAL STANDARD.—Not later than 42 months 

24 after the date of enactment of this Act, the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 1195 RH

1 shall issue a final standard on such proposed stand2 ard that shall— 

3 (A) provide no less protection than any 

4 workplace violence standard adopted by a State 

5 plan that has been approved by the Secretary 

6 under section 18 of the Occupational Safety and 

7 Health Act of 1970 (29 U.S.C. 667), provided the 

8 Secretary finds that the final standard is feasible 

9 on the basis of the best available evidence; and 

10 (B) be effective and enforceable in the same 

11 manner and to the same extent as any standard 

12 promulgated under section 6(b) of the Occupa13 tional Safety and Health Act of 1970 (29 U.S.C. 

14 655(b)). 

15 SEC. 102. SCOPE AND APPLICATION. 

16 In this title: 

17 (1) COVERED FACILITY.— 

18 (A) IN GENERAL.—The term ‘‘covered facil19 ity’’ includes the following: 

20 (i) Any hospital, including any spe21 cialty hospital, in-patient or outpatient set22 ting, or clinic operating within a hospital 

23 license, or any setting that provides out24 patient services. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 1195 RH

1 (ii) Any residential treatment facility, 

2 including any nursing home, skilled nurs3 ing facility, hospice facility, and long-term 

4 care facility. 

5 (iii) Any non-residential treatment or 

6 service setting. 

7 (iv) Any medical treatment or social 

8 service setting or clinic at a correctional or 

9 detention facility. 

10 (v) Any community care setting, in11 cluding a community-based residential fa12 cility, group home, and mental health clin13 ic. 

14 (vi) Any psychiatric treatment facility. 

15 (vii) Any drug abuse or substance use 

16 disorder treatment center. 

17 (viii) Any independent freestanding 

18 emergency centers. 

19 (ix) Any facility described in clauses 

20 (i) through (viii) operated by a Federal 

21 Government agency and required to comply 

22 with occupational safety and health stand23 ards pursuant to section 1960 of title 29, 

24 Code of Federal Regulations (as such section 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 1195 RH

1 is in effect on the date of enactment of this 

2 Act). 

3 (x) Any other facility the Secretary de4 termines should be covered under the stand5 ards promulgated under section 101. 

6 (B) EXCLUSION.—The term ‘‘covered facil7 ity’’ does not include an office of a physician, 

8 dentist, podiatrist, or any other health practi9 tioner that is not physically located within a 

10 covered facility described in clauses (i) through 

11 (x) of subparagraph (A). 

12 (2) COVERED SERVICES.— 

13 (A) IN GENERAL.—The term ‘‘covered serv14 ice’’ includes the following services and oper15 ations: 

16 (i) Any services and operations pro17 vided in any field work setting, including 

18 home health care, home-based hospice, and 

19 home-based social work. 

20 (ii) Any emergency services and trans21 port, including such services provided by 

22 firefighters and emergency responders. 

23 (iii) Any services described in clauses 

24 (i) and (ii) performed by a Federal Govern25 ment agency and required to comply with 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 1195 RH

1 occupational safety and health standards 

2 pursuant to section 1960 of title 29, Code of 

3 Federal Regulations (as such section is in 

4 effect on the date of enactment of this Act). 

5 (iv) Any other services and operations 

6 the Secretary determines should be covered 

7 under the standards promulgated under sec8 tion 101. 

9 (B) EXCLUSION.—The term ‘‘covered serv10 ice’’ does not include child day care services. 

11 (3) COVERED EMPLOYER.— 

12 (A) IN GENERAL.—The term ‘‘covered em13 ployer’’ includes a person (including a con14 tractor, subcontractor, a temporary service firm, 

15 or an employee leasing entity) that employs an 

16 individual to work at a covered facility or to 

17 perform covered services. 

18 (B) EXCLUSION.—The term ‘‘covered em19 ployer’’ does not include an individual who pri20 vately employs, in the individual’s residence, a 

21 person to perform covered services for the indi22 vidual or a family member of the individual. 

23 (4) COVERED EMPLOYEE.—The term ‘‘covered 

24 employee’’ includes an individual employed by a covVerDate Sep 11 2014 20:48 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1195.RH H1195

pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 1195 RH

1 ered employer to work at a covered facility or to per2 form covered services. 

3 SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PRE4 VENTION STANDARD. 

5 Each standard described in section 101 shall include, 

6 at a minimum, the following requirements: 

7 (1) WORKPLACE VIOLENCE PREVENTION PLAN.— 

8 Not later than 6 months after the date of promulga9 tion of the interim final standard under section 

10 101(a), a covered employer shall develop, implement, 

11 and maintain an effective written workplace violence 

12 prevention plan (in this section referred to as the 

13 ‘‘Plan’’) for covered employees at each covered facility 

14 and for covered employees performing a covered serv15 ice on behalf of such employer, which meets the fol16 lowing: 

17 (A) PLAN DEVELOPMENT.—Each Plan 

18 shall— 

19 (i) be developed and implemented with 

20 the meaningful participation of direct care 

21 employees, other employees, and employee 

22 representatives, for all aspects of the Plan; 

23 (ii) be tailored and specific to condi24 tions and hazards for the covered facility or 

25 the covered service, including patient-speVerDate Sep 11 2014 20:48 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1195.RH H1195

pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 1195 RH

1 cific risk factors and risk factors specific to 

2 each work area or unit; and 

3 (iii) be suitable for the size, com4 plexity, and type of operations at the cov5 ered facility or for the covered service, and 

6 remain in effect at all times. 

7 (B) PLAN CONTENT.—Each Plan shall in8 clude procedures and methods for the following: 

9 (i) Identification of the individual and 

10 the individual’s position responsible for im11 plementation of the Plan. 

12 (ii) With respect to each work area and 

13 unit at the covered facility or while covered 

14 employees are performing the covered serv15 ice, risk assessment and identification of 

16 workplace violence risks and hazards to em17 ployees exposed to such risks and hazards 

18 (including environmental risk factors and 

19 patient-specific risk factors), which shall 

20 be— 

21 (I) informed by past violent inci22 dents specific to such covered facility 

23 or such covered service; and 

24 (II) conducted with, at a min25 imum— 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 1195 RH

1 (aa) direct care employees; 

2 (bb) where applicable, the 

3 representatives of such employees; 

4 and 

5 (cc) the employer. 

6 (iii) Hazard prevention, engineering 

7 controls, or work practice controls to correct 

8 hazards, in a timely manner, applying in9 dustrial hygiene principles of the hierarchy 

10 of controls, which— 

11 (I) may include security and 

12 alarm systems, adequate exit routes, 

13 monitoring systems, barrier protection, 

14 established areas for patients and cli15 ents, lighting, entry procedures, staff16 ing and working in teams, and systems 

17 to identify and flag clients with a his18 tory of violence; and 

19 (II) shall ensure that employers 

20 correct, in a timely manner, hazards 

21 identified in any violent incident in22 vestigation described in paragraph (2) 

23 and any annual report described in 

24 paragraph (5). 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 1195 RH

1 (iv) Reporting, incident response, and 

2 post-incident investigation procedures, in3 cluding procedures— 

4 (I) for employees to report work5 place violence risks, hazards, and inci6 dents; 

7 (II) for employers to respond to 

8 reports of workplace violence; 

9 (III) for employers to perform a 

10 post-incident investigation and debrief11 ing of all reports of workplace violence 

12 with the participation of employees 

13 and their representatives; 

14 (IV) to provide medical care or 

15 first aid to affected employees; and 

16 (V) to provide employees with in17 formation about available trauma and 

18 related counseling. 

19 (v) Procedures for emergency response, 

20 including procedures for threats of mass 

21 casualties and procedures for incidents in22 volving a firearm or a dangerous weapon. 

23 (vi) Procedures for communicating 

24 with and training the covered employees on 

25 workplace violence hazards, threats, and 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 1195 RH

1 work practice controls, the employer’s plan, 

2 and procedures for confronting, responding 

3 to, and reporting workplace violence threats, 

4 incidents, and concerns, and employee 

5 rights. 

6 (vii) Procedures for— 

7 (I) ensuring the coordination of 

8 risk assessment efforts, Plan develop9 ment, and implementation of the Plan 

10 with other employers who have employ11 ees who work at the covered facility or 

12 who are performing the covered service; 

13 and 

14 (II) determining which covered 

15 employer or covered employers shall be 

16 responsible for implementing and com17 plying with the provisions of the 

18 standard applicable to the working 

19 conditions over which such employers 

20 have control. 

21 (viii) Procedures for conducting the 

22 annual evaluation under paragraph (6). 

23 (C) AVAILABILITY OF PLAN.—Each Plan 

24 shall be made available at all times to the cov25 ered employees who are covered under such Plan. 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 1195 RH

1 (2) VIOLENT INCIDENT INVESTIGATION.— 

2 (A) IN GENERAL.—As soon as practicable 

3 after a workplace violence incident, risk, or haz4 ard of which a covered employer has knowledge, 

5 the employer shall conduct an investigation of 

6 such incident, risk, or hazard under which the 

7 employer shall— 

8 (i) review the circumstances of the in9 cident, risk, or hazard, and whether any 

10 controls or measures implemented pursuant 

11 to the Plan of the employer were effective; 

12 and 

13 (ii) solicit input from involved employ14 ees, their representatives, and supervisors 

15 about the cause of the incident, risk, or haz16 ard, and whether further corrective meas17 ures (including system-level factors) could 

18 have prevented the incident, risk, or hazard. 

19 (B) DOCUMENTATION.—A covered employer 

20 shall document the findings, recommendations, 

21 and corrective measures taken for each investiga22 tion conducted under this paragraph. 

23 (3) TRAINING AND EDUCATION.—With respect to 

24 the covered employees covered under a Plan of a cov25 ered employer, the employer shall provide training 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 1195 RH

1 and education to such employees who may be exposed 

2 to workplace violence hazards and risks, which meet 

3 the following requirements: 

4 (A) Annual training and education shall 

5 include information on the Plan, including iden6 tified workplace violence hazards, work practice 

7 control measures, reporting procedures, record 

8 keeping requirements, response procedures, anti9 retaliation policies, and employee rights. 

10 (B) Additional hazard recognition training 

11 shall be provided for supervisors and managers 

12 to ensure they— 

13 (i) can recognize high-risk situations; 

14 and 

15 (ii) do not assign employees to situa16 tions that predictably compromise the safety 

17 of such employees. 

18 (C) Additional training shall be provided 

19 for each such covered employee whose job cir20 cumstances have changed, within a reasonable 

21 timeframe after such change. 

22 (D) Applicable training shall be provided 

23 under this paragraph for each new covered em24 ployee prior to the employee’s job assignment. 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 1195 RH

1 (E) All training shall provide such employ2 ees opportunities to ask questions, give feedback 

3 on training, and request additional instruction, 

4 clarification, or other followup. 

5 (F) All training shall be provided in-person 

6 and by an individual with knowledge of work7 place violence prevention and of the Plan, except 

8 that any annual training described in subpara9 graph (A) provided to an employee after the first 

10 year such training is provided to such employee 

11 may be conducted by live video if in-person 

12 training is impracticable. 

13 (G) All training shall be appropriate in 

14 content and vocabulary to the language, edu15 cational level, and literacy of such covered em16 ployees. 

17 (4) RECORDKEEPING AND ACCESS TO PLAN

18 RECORDS.— 

19 (A) IN GENERAL.—Each covered employer 

20 shall— 

21 (i) maintain for not less than 5 

22 years— 

23 (I) records related to each Plan of 

24 the employer, including workplace vio25 lence risk and hazard assessments, and 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 1195 RH

1 identification, evaluation, correction, 

2 and training procedures; 

3 (II) a violent incident log de4 scribed in subparagraph (B) for re5 cording all workplace violence inci6 dents; and 

7 (III) records of all incident inves8 tigations as required under paragraph 

9 (2)(B); and 

10 (ii)(I) make such records and logs 

11 available, upon request, to covered employ12 ees and their representatives for examina13 tion and copying in accordance with section 

14 1910.1020 of title 29, Code of Federal Regu15 lations (as such section is in effect on the 

16 date of enactment of this Act), and in a 

17 manner consistent with HIPAA privacy 

18 regulations (defined in section 1180(b)(3) of 

19 the Social Security Act (42 U.S.C. 1320d– 

20 9(b)(3))) and part 2 of title 42, Code of 

21 Federal Regulations (as such part is in ef22 fect on the date of enactment of this Act); 

23 and 

24 (II) ensure that any such records and 

25 logs that may be copied, transmitted elecVerDate Sep 11 2014 20:48 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H1195.RH H1195

pamtmann on DSKBC07HB2PROD with BILLS
20 

•HR 1195 RH

1 tronically, or otherwise removed from the 

2 employer’s control for purposes of this 

3 clause omit any element of personal identi4 fying information sufficient to allow identi5 fication of any patient, resident, client, or 

6 other individual alleged to have committed 

7 a violent incident (including the individ8 ual’s name, address, electronic mail address, 

9 telephone number, or social security num10 ber, or other information that, alone or in 

11 combination with other publicly available 

12 information, reveals such individual’s iden13 tity). 

14 (B) VIOLENT INCIDENT LOG DESCRIP15 TION.—Each violent incident log shall— 

16 (i) be maintained by a covered em17 ployer for each covered facility controlled by 

18 the employer and for each covered service 

19 being performed by a covered employee on 

20 behalf of such employer; 

21 (ii) be based on a template developed 

22 by the Secretary not later than 1 year after 

23 the date of enactment of this Act; 

24 (iii) include, at a minimum, a descrip25 tion of— 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•HR 1195 RH

1 (I) the violent incident (including 

2 environmental risk factors present at 

3 the time of the incident); 

4 (II) the date, time, and location of 

5 the incident, and the names and job ti6 tles of involved employees; 

7 (III) the nature and extent of in8 juries to covered employees; 

9 (IV) a classification of the perpe10 trator who committed the violence, in11 cluding whether the perpetrator was— 

12 (aa) a patient, client, resi13 dent, or customer of a covered em14 ployer; 

15 (bb) a family or friend of a 

16 patient, client, resident, or cus17 tomer of a covered employer; 

18 (cc) a stranger; 

19 (dd) a coworker, supervisor, 

20 or manager of a covered employee; 

21 (ee) a partner, spouse, par22 ent, or relative of a covered em23 ployee; or 

24 (ff) any other appropriate 

25 classification; 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•HR 1195 RH

1 (V) the type of violent incident 

2 (such as type 1 violence, type 2 vio3 lence, type 3 violence, or type 4 vio4 lence); and 

5 (VI) how the incident was abated; 

6 (iv) not later than 7 days after the em7 ployer learns of such incident, contain a 

8 record of each violent incident, which is up9 dated to ensure completeness of such record; 

10 (v) be maintained for not less than 5 

11 years; and 

12 (vi) in the case of a violent incident 

13 involving a privacy concern case, protect 

14 the identity of employees in a manner con15 sistent with section 1904.29(b) of title 29, 

16 Code of Federal Regulations (as such section 

17 is in effect on the date of enactment of this 

18 Act). 

19 (C) ANNUAL SUMMARY.— 

20 (i) COVERED EMPLOYERS.—Each cov21 ered employer shall prepare and submit to 

22 the Secretary an annual summary of each 

23 violent incident log for the preceding cal24 endar year that shall— 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•HR 1195 RH

1 (I) with respect to each covered fa2 cility, and each covered service, for 

3 which such a log has been maintained, 

4 include— 

5 (aa) the total number of vio6 lent incidents; 

7 (bb) the number of recordable 

8 injuries related to such incidents; 

9 and 

10 (cc) the total number of 

11 hours worked by the covered em12 ployees for such preceding year; 

13 (II) be completed on a form pro14 vided by the Secretary; 

15 (III) be posted for 3 months be16 ginning February 1 of each year in a 

17 manner consistent with the require18 ments of section 1904 of title 29, Code 

19 of Federal Regulations (as such section 

20 is in effect on the date of enactment of 

21 this Act), relating to the posting of 

22 summaries of injury and illness logs; 

23 (IV) be located in a conspicuous 

24 place or places where notices to em25 ployees are customarily posted; and 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•HR 1195 RH

1 (V) not be altered, defaced, or cov2 ered by other material. 

3 (ii) SECRETARY.—Not later than 1 

4 year after the promulgation of the interim 

5 final standard under section 101(a), the 

6 Secretary shall make available a platform 

7 for the electronic submission of annual sum8 maries required under this subparagraph. 

9 (5) ANNUAL REPORT.— 

10 (A) REPORT TO SECRETARY.—Not later 

11 than February 15 of each year, each covered em12 ployer shall report to the Secretary, on a form 

13 provided by the Secretary, the frequency, quan14 tity, and severity of workplace violence, and any 

15 incident response and post-incident investigation 

16 (including abatement measures) for the incidents 

17 set forth in the annual summary of the violent 

18 incident log described in paragraph (4)(C). The 

19 contents of the report of the Secretary to Con20 gress shall not disclose any confidential informa21 tion. 

22 (B) REPORT TO CONGRESS.—Not later than 

23 6 months after February 15 of each year, the 

24 Secretary shall submit to Congress a summary of 

25 the reports received under subparagraph (A). 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•HR 1195 RH

1 (6) ANNUAL EVALUATION.—Each covered em2 ployer shall conduct an annual written evaluation, 

3 conducted with the full, active participation of cov4 ered employees and employee representatives, of— 

5 (A) the implementation and effectiveness of 

6 the Plan, including a review of the violent inci7 dent log; and 

8 (B) compliance with training required by 

9 each standard described in section 101, and spec10 ified in the Plan. 

11 (7) PLAN UPDATES.—Each covered employer 

12 shall incorporate changes to the Plan, in a manner 

13 consistent with paragraph (1)(A)(i) and based on 

14 findings from the most recent annual evaluation con15 ducted under paragraph (6), as appropriate. 

16 (8) ANTI-RETALIATION.— 

17 (A) POLICY.—Each covered employer shall 

18 adopt a policy prohibiting any person (includ19 ing an agent of the employer) from the discrimi20 nation or retaliation described in subparagraph 

21 (B). 

22 (B) PROHIBITION.—No covered employer 

23 shall discriminate or retaliate against any em24 ployee for— 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•HR 1195 RH

1 (i) reporting a workplace violence inci2 dent, threat, or concern to, or seeking assist3 ance or intervention with respect to such in4 cident, threat, or concern from, the em5 ployer, law enforcement, local emergency 

6 services, or a local, State, or Federal gov7 ernment agency; or 

8 (ii) exercising any other rights under 

9 this paragraph. 

10 (C) ENFORCEMENT.—This paragraph shall 

11 be enforced in the same manner and to the same 

12 extent as any standard promulgated under sec13 tion 6(b) of the Occupational Safety and Health 

14 Act (29 U.S.C. 655(b)). 

15 SEC. 104. RULES OF CONSTRUCTION. 

16 Notwithstanding section 18 of the Occupational Safety 

17 and Health Act of 1970 (29 U.S.C. 667)— 

18 (1) nothing in this title shall be construed to cur19 tail or limit authority of the Secretary under any 

20 other provision of the law; 

21 (2) the rights, privileges, or remedies of covered 

22 employees shall be in addition to the rights, privi23 leges, or remedies provided under any Federal or 

24 State law, or any collective bargaining agreement; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•HR 1195 RH

1 (3) nothing in this Act shall be construed to 

2 limit or prevent health care workers, social service 

3 workers, and other personnel from reporting violent 

4 incidents to appropriate law enforcement. 

5 SEC. 105. OTHER DEFINITIONS. 

6 In this title: 

7 (1) WORKPLACE VIOLENCE.— 

8 (A) IN GENERAL.—The term ‘‘workplace vi9 olence’’ means any act of violence or threat of vi10 olence, without regard to intent, that occurs at a 

11 covered facility or while a covered employee per12 forms a covered service. 

13 (B) EXCLUSIONS.—The term ‘‘workplace vi14 olence’’ does not include lawful acts of self-de15 fense or lawful acts of defense of others. 

16 (C) INCLUSIONS.—The term ‘‘workplace vio17 lence’’ includes— 

18 (i) the threat or use of physical force 

19 against a covered employee that results in 

20 or has a high likelihood of resulting in in21 jury, psychological trauma, or stress, with22 out regard to whether the covered employee 

23 sustains an injury, psychological trauma, 

24 or stress; and 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•HR 1195 RH

1 (ii) an incident involving the threat or 

2 use of a firearm or a dangerous weapon, in3 cluding the use of common objects as weap4 ons, without regard to whether the employee 

5 sustains an injury, psychological trauma, 

6 or stress. 

7 (2) TYPE 1 VIOLENCE.—The term ‘‘type 1 vio8 lence’’— 

9 (A) means workplace violence directed at a 

10 covered employee at a covered facility or while 

11 performing a covered service by an individual 

12 who has no legitimate business at the covered fa13 cility or with respect to such covered service; and 

14 (B) includes violent acts by any individual 

15 who enters the covered facility or worksite where 

16 a covered service is being performed with the in17 tent to commit a crime. 

18 (3) TYPE 2 VIOLENCE.—The term ‘‘type 2 vio19 lence’’ means workplace violence directed at a covered 

20 employee by customers, clients, patients, students, in21 mates, or any individual for whom a covered facility 

22 provides services or for whom the employee performs 

23 covered services. 

24 (4) TYPE 3 VIOLENCE.—The term ‘‘type 3 vio25 lence’’ means workplace violence directed at a covered 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•HR 1195 RH

1 employee by a present or former employee, supervisor, 

2 or manager. 

3 (5) TYPE 4 VIOLENCE.—The term ‘‘type 4 vio4 lence’’ means workplace violence directed at a covered 

5 employee by an individual who is not an employee, 

6 but has or is known to have had a personal relation7 ship with such employee, or with a customer, client, 

8 patient, student, inmate, or any individual for whom 

9 a covered facility provides services or for whom the 

10 employee performs covered services. 

11 (6) THREAT OF VIOLENCE.—The term ‘‘threat of 

12 violence’’ means a statement or conduct that— 

13 (A) causes an individual to fear for such in14 dividual’s safety because there is a reasonable 

15 possibility the individual might be physically in16 jured; and 

17 (B) serves no legitimate purpose. 

18 (7) ALARM.—The term ‘‘alarm’’ means a me19 chanical, electrical, or electronic device that does not 

20 rely upon an employee’s vocalization in order to alert 

21 others. 

22 (8) DANGEROUS WEAPON.—The term ‘‘dangerous 

23 weapon’’ means an instrument capable of inflicting 

24 death or serious bodily injury, without regard to 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•HR 1195 RH

1 whether such instrument was designed for that pur2 pose. 

3 (9) ENGINEERING CONTROLS.— 

4 (A) IN GENERAL.—The term ‘‘engineering 

5 controls’’ means an aspect of the built space or 

6 a device that removes a hazard from the work7 place or creates a barrier between a covered em8 ployee and the hazard. 

9 (B) INCLUSIONS.—For purposes of reducing 

10 workplace violence hazards, the term ‘‘engineer11 ing controls’’ includes electronic access controls 

12 to employee occupied areas, weapon detectors 

13 (installed or handheld), enclosed workstations 

14 with shatter-resistant glass, deep service 

15 counters, separate rooms or areas for high-risk 

16 patients, locks on doors, removing access to or se17 curing items that could be used as weapons, fur18 niture affixed to the floor, opaque glass in pa19 tient rooms (which protects privacy, but allows 

20 the health care provider to see where the patient 

21 is before entering the room), closed-circuit tele22 vision monitoring and video recording, sight23 aids, and personal alarm devices. 

24 (10) ENVIRONMENTAL RISK FACTORS.— 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•HR 1195 RH

1 (A) IN GENERAL.—The term ‘‘environ2 mental risk factors’’ means factors in the covered 

3 facility or area in which a covered service is per4 formed that may contribute to the likelihood or 

5 severity of a workplace violence incident. 

6 (B) CLARIFICATION.—Environmental risk 

7 factors may be associated with the specific task 

8 being performed or the work area, such as work9 ing in an isolated area, poor illumination or 

10 blocked visibility, and lack of physical barriers 

11 between individuals and persons at risk of com12 mitting workplace violence. 

13 (11) PATIENT-SPECIFIC RISK FACTORS.—The 

14 term ‘‘patient-specific risk factors’’ means factors spe15 cific to a patient that may increase the likelihood or 

16 severity of a workplace violence incident, including— 

17 (A) a patient’s treatment and medication 

18 status, and history of violence and use of drugs 

19 or alcohol; and 

20 (B) any conditions or disease processes of 

21 the patient that may cause the patient to experi22 ence confusion or disorientation, be non-respon23 sive to instruction, behave unpredictably, or en24 gage in disruptive, threatening, or violent behav25 ior. 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•HR 1195 RH

1 (12) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (13) WORK PRACTICE CONTROLS.— 

4 (A) IN GENERAL.—The term ‘‘work practice 

5 controls’’ means procedures and rules that are 

6 used to effectively reduce workplace violence haz7 ards. 

8 (B) INCLUSIONS.—The term ‘‘work practice 

9 controls’’ includes— 

10 (i) assigning and placing sufficient 

11 numbers of staff to reduce patient-specific 

12 type 2 violence hazards; 

13 (ii) provision of dedicated and avail14 able safety personnel such as security 

15 guards; 

16 (iii) employee training on workplace 

17 violence prevention methods and techniques 

18 to de-escalate and minimize violent behav19 ior; and 

20 (iv) employee training on procedures 

21 for response in the event of a workplace vio22 lence incident and for post-incident re23 sponse. 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•HR 1195 RH

1 TITLE II—AMENDMENTS TO THE 

2 SOCIAL SECURITY ACT 

3 SEC. 201. APPLICATION OF THE WORKPLACE VIOLENCE 

4 PREVENTION STANDARD TO CERTAIN FACILI5 TIES RECEIVING MEDICARE FUNDS. 

6 (a) IN GENERAL.—Section 1866 of the Social Security 

7 Act (42 U.S.C. 1395cc) is amended— 

8 (1) in subsection (a)(1)— 

9 (A) in subparagraph (X), by striking ‘‘and’’ 

10 at the end; 

11 (B) in subparagraph (Y), by striking the 

12 period at the end and inserting ‘‘; and’’; and 

13 (C) by inserting after subparagraph (Y) the 

14 following new subparagraph: 

15 ‘‘(Z) in the case of hospitals that are not other16 wise subject to the Occupational Safety and Health 

17 Act of 1970 (or a State occupational safety and 

18 health plan that is approved under 18(b) of such Act) 

19 and skilled nursing facilities that are not otherwise 

20 subject to such Act (or such a State occupational safe21 ty and health plan), to comply with the Workplace 

22 Violence Prevention Standard (as promulgated under 

23 section 101 of the Workplace Violence Prevention for 

24 Health Care and Social Service Workers Act).’’; and 

25 (2) in subsection (b)(4)— 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•HR 1195 RH

1 (A) in subparagraph (A), by inserting ‘‘and 

2 a hospital or skilled nursing facility that fails to 

3 comply with the requirement of subsection 

4 (a)(1)(Z) (relating to the Workplace Violence 

5 Prevention Standard)’’ after ‘‘Bloodborne Patho6 gens standard)’’; and 

7 (B) in subparagraph (B)— 

8 (i) by striking ‘‘(a)(1)(U)’’ and insert9 ing ‘‘(a)(1)(V)’’; and 

10 (ii) by inserting ‘‘(or, in the case of a 

11 failure to comply with the requirement of 

12 subsection (a)(1)(Z), for a violation of the 

13 Workplace Violence Prevention standard re14 ferred to in such subsection by a hospital or 

15 skilled nursing facility, as applicable, that 

16 is subject to the provisions of such Act)’’ be17 fore the period at the end. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall apply beginning on the date that is 1 year 

20 after the date of issuance of the interim final standard on 

21 workplace violence prevention required under section 101. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 3 

117TH CONGRESS 

1ST SESSION H. R. 1195 

[Report No. 117–14, Part I] 

A BILL 

To direct the Secretary of Labor to issue an occuplan, and for other purposes. a comprehensive workplace violence prevention cial service industries to develop and implement covered employers within the health care and so- pational safety and health standard that requires 

APRIL 5, 2021 

Reported from the Committee on Education and Labor 

with an amendment 

APRIL 5, 2021 

Committees on Energy and Commerce and Ways and 

to be printed Whole House on the State of the Union and ordered Means discharged; committed to the Committee of the 


pamtmann on DSKBC07HB2PROD with BILLS