I 
116TH CONGRESS 
1ST SESSION H. R. 1309 
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 work-
place violence prevention plan, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 19, 2019 
Mr. COURTNEY (for himself, Mr. SCOTT of Virginia, Ms. ADAMS, Ms. WILSON 
of Florida, Ms. BONAMICI, Mr. DESAULNIER, Ms. WILD, Ms. OMAR, Mr. 
GARAMENDI, Mr. ESPAILLAT, Mr. KHANNA, Ms. PINGREE, Ms. NORTON, 
Mr. HIMES, Mr. POCAN, Ms. SCHAKOWSKY, Ms. CLARKE of New York, 
Ms. OCASIO-CORTEZ, Ms. VELA´ZQUEZ, Ms. MCCOLLUM, Mr. LIPINSKI, 
Mr. SIRES, Mr. PETERSON, Mr. RASKIN, Mr. ENGEL, Mr. LARSON of 
Connecticut, and Ms. HAALAND) 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 com-
mittee concerned 
A BILL 
To direct the Secretary of Labor to issue an occupational 
safety and health standard that requires covered employ-
ers within the health care and social service industries 
to develop and implement a comprehensive workplace 
violence prevention plan, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workplace Violence 
Prevention for Health Care and Social Service Workers 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In a 2016 report entitled, ‘‘Workplace Safe-
ty and Health: Additional Efforts Needed to Help 
Protect Health Care Workers from Workplace Vio-
lence’’, the Government Accountability Office re-
ported over 730,000 cases of health care workplace 
assaults over the 5-year span from 2009 through 
2013, based on Bureau of Justice Statistics data. 
(2) The health care and social service industries 
experience the highest rates of injuries caused by 
workplace violence. Nurses, social workers, psy-
chiatric, home health, and personal care aides are all 
at increased risk for injury caused by workplace vio-
lence. The Bureau of Labor Statistics reported that 
in 2017, rates of violence and injury caused by per-
sons in these workplaces ranged from 3 times to as 
high as 61.9 times the average American workplace. 
(3) The Bureau of Labor Statistics reports that 
health care and social service workers suffered 69 
percent of all workplace violence injuries caused by 
persons in 2017 and are nearly 5 times as likely to 
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suffer a workplace violence injury than workers over-
all. 
(4) According to a survey of 3,500 American 
emergency physicians conducted by the American 
College of Emergency Physicians, 47 percent of 
emergency room doctors have been physically as-
saulted at work, and 8 in 10 report that this vio-
lence is affecting patient care. 
(5) Workplace violence in health care and social 
service sectors is increasing. Bureau of Labor Statis-
tics data show that private sector injury rates of 
workplace violence in health care and social service 
sectors increased by 63 percent between 2006 and 
2016. Due to under-reporting, actual injury rates 
from workplace violence are widely recognized to be 
higher than reported levels. 
(6) Violence in health care settings has adverse 
impacts on workers and patients, compromising 
quality of care. 
(7) Studies have demonstrated that workplace 
violence prevention programs tailored to the needs of 
specific work areas and State-based workplace vio-
lence prevention legislation are strongly associated 
with reductions in workplace violence. 
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(8) Studies have found that proper staff train-
ing, appropriate staffing levels, sufficient resources, 
and the use of evidence based interventions (such as 
effective communication with patients using de-esca-
lation techniques and noncoercive use of medica-
tions) can reduce the risks to the safety of both pa-
tients and staff, using least-restrictive measures. 
(9) The Occupational Safety and Health Ad-
ministration has issued ‘‘Guidelines for Preventing 
Workplace Violence for Healthcare and Social Serv-
ice Workers’’, however, this guidance is not enforce-
able. Absent an enforceable standard, employers lack 
mandatory requirements to implement an effective 
and ongoing violence prevention program that pro-
vides protection of workers from workplace violence. 
(10) Nine States have mandated that certain 
types of health care facilities implement workplace 
violence prevention programs. On April 1, 2018, the 
Division of Occupational Safety and Health of the 
State of California issued a comprehensive standard 
(‘‘Workplace Violence Prevention in Health Care’’) 
that requires health care facilities to implement a 
workplace violence prevention plan. 
(11) Employer organizations have challenged 
the Occupational Safety and Health Administra-
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tion’s authority to utilize the General Duty Clause 
of the Occupational Safety and Health Act of 1970 
to enforce against workplace violence hazards, argu-
ing that Congress did not intend to cover workplace 
violence under such clause when the Act was enacted 
in 1970. 
(12) The Occupational Safety and Health Ad-
ministration (OSHA) received two petitions for rule-
making in July of 2016, calling on OSHA to pro-
mulgate a violence prevention standard for health 
care and social service sectors. On December 6, 
2016, OSHA issued a Request for Information 
(RFI) soliciting information on this issue. On Janu-
ary 10, 2017, OSHA conducted a public meeting to 
receive stakeholder input and to supplement the on-
line comments submitted in response to the RFI. At 
that meeting, OSHA announced it accepted the peti-
tions and would develop a Federal standard to pre-
vent workplace violence in health care and social 
service settings. OSHA’s efforts to move forward 
with rulemaking have been halting, inconsistent, and 
slow. Therefore, legislation is necessary to ensure 
the timely development of a standard to protect 
workers in health care and social service settings. 
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SEC. 3. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Findings. 
Sec. 3. 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. 
TITLE I—WORKPLACE VIOLENCE 
PREVENTION STANDARD 
SEC. 101. WORKPLACE VIOLENCE PREVENTION STANDARD. 
(a) INTERIM FINAL STANDARD.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Labor shall promulgate an interim final standard on 
workplace violence prevention— 
(A) to require certain employers in the 
healthcare and social service sectors, and cer-
tain employers in sectors that conduct activities 
similar to the activities in the healthcare and 
social service sectors, to develop and implement 
a comprehensive workplace violence prevention 
plan to protect health care workers, social serv-
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ice workers, and other personnel from work-
place violence; and 
(B) that shall, at a minimum, be based on 
the Guidelines for Preventing Workplace Vio-
lence for Healthcare and Social Service Work-
ers published by the Occupational Safety and 
Health Administration of the Department of 
Labor in 2015 and adhere to the requirements 
of this title. 
(2) APPLICABILITY OF OTHER STATUTORY RE-
QUIREMENTS.—The following shall not apply to the 
promulgation of the interim final standard under 
this subsection: 
(A) The requirements applicable to occupa-
tional safety and health standards under section 
6(b) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 655(b)). 
(B) The requirements of chapters 5 and 6 
of title 5, United States Code, and titles 2 and 
42, United States Code. 
(3) EFFECTIVE
DATE
OF
INTERIM
STAND-
ARD.—The interim final standard shall— 
(A) take effect on a date that is not later 
than 30 days after promulgation, except that 
such interim final standard may include a rea-
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sonable phase-in period for the implementation 
of required engineering controls that take effect 
after such date; 
(B) be enforced in the same manner and 
to the same extent as any standard promul-
gated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
655(b)); and 
(C) be in effect until the final standard de-
scribed in subsection (b) becomes effective and 
enforceable. 
(4) FAILURE TO PROMULGATE.—If an interim 
final standard described in paragraph (1) is not pro-
mulgated not later than 1 year of the date of enact-
ment of this Act, the provisions of this title shall be 
in effect and enforced in the same manner and to 
the same extent as any standard promulgated under 
section 6(b) of the Occupational Safety and Health 
Act (29 U.S.C. 655(b)) until such provisions are su-
perseded in whole by an interim final standard pro-
mulgated by the Secretary that meets the require-
ments of paragraph (1). 
(b) FINAL STANDARD.— 
(1) PROPOSED
FINAL
STANDARD.—Not later 
than 2 years after the date of enactment of this Act, 
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the Secretary of Labor shall, pursuant to section 6 
of the Occupational Safety and Health Act (29 
U.S.C. 655), promulgate a proposed final standard 
on workplace violence prevention— 
(A) for the purposes described in sub-
section (a)(1)(A); and 
(B) that shall include, at a minimum, the 
elements contained in the interim final standard 
promulgated under subsection (a). 
(2) FINAL
STANDARD.—Not later than 42 
months after the date of enactment of this Act, the 
Secretary shall promulgate a final standard on such 
proposed standard that shall— 
(A) provide no less protection than any 
workplace violence standard adopted by a State 
plan that has been approved by the Secretary 
under section 18 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 667); and 
(B) be effective and enforceable in the 
same manner and to the same extent as any 
standard promulgated under section 6(b) of the 
Occupational Safety and Health Act of 1970 
(29 U.S.C. 655(b)). 
SEC. 102. SCOPE AND APPLICATION. 
In this title: 
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(1) COVERED
FACILITY.—The term ‘‘covered 
facility’’ includes the following: 
(A) Any hospital, including any specialty 
hospital, in-patient or outpatient setting, or 
clinic operating within a hospital license, or any 
setting that provides outpatient services. 
(B) Any residential treatment facility, in-
cluding any nursing home, skilled nursing facil-
ity, hospice facility, and long-term care facility. 
(C) Any non-residential treatment or serv-
ice setting. 
(D) Any medical treatment or social serv-
ice setting or clinic at a correctional or deten-
tion facility. 
(E) Any community care setting, including 
a community-based residential facility, group 
home, and mental health clinic. 
(F) Any psychiatric treatment facility. 
(G) Any drug abuse or substance use dis-
order treatment center. 
(H) Any independent freestanding emer-
gency centers. 
(I) Any facility described in subparagraphs 
(A) through (H) operated by a Federal Govern-
ment agency and required to comply with occu-
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pational safety and health standards pursuant 
to section 1960 of title 29, Code of Federal 
Regulations. 
(J) Any other facility the Secretary deter-
mines should be covered under the standards 
promulgated under section 101. 
(2) COVERED
SERVICES.—The term ‘‘covered 
service’’ includes the following services and oper-
ations: 
(A) Any services and operations provided 
in any field work setting, including home health 
care, home-based hospice, and home-based so-
cial work. 
(B) Any emergency services and transport, 
including such services provided by firefighters 
and emergency responders. 
(C) Any services described in subpara-
graphs (A) and (B) performed by a Federal 
Government agency and required to comply 
with occupational safety and health standards 
pursuant to section 1960 of title 29, Code of 
Federal Regulations. 
(D) Any other services and operations the 
Secretary determines should be covered under 
the standards promulgated under section 101. 
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(3) COVERED EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘covered em-
ployer’’ includes a person (including a con-
tractor, subcontractor, a temporary service 
firm, or an employee leasing entity) that em-
ploys an individual to work at a covered facility 
or to perform covered services. 
(B) EXCLUSION.—The term ‘‘covered em-
ployer’’ does not include an individual who pri-
vately employs, in the individual’s residence, a 
person to perform covered services for the indi-
vidual or a family member of the individual. 
(4) COVERED EMPLOYEE.—The term ‘‘covered 
employee’’ includes an individual employed by a cov-
ered employer to work at a covered facility or to per-
form covered services. 
SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE 
PREVENTION STANDARD. 
Each standard described in section 101 shall include, 
at a minimum, the following requirements: 
(1) 
WORKPLACE
VIOLENCE
PREVENTION 
PLAN.—Not later than 6 months after the date of 
promulgation of the interim final standard under 
section 101(a), a covered employer shall develop, im-
plement, and maintain an effective written workplace 
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violence prevention plan for covered employees at 
each covered facility and for covered employees per-
forming a covered service on behalf of such em-
ployer, which meets the following: 
(A) PLAN
DEVELOPMENT.—Each Plan 
shall— 
(i) be developed and implemented with 
the meaningful participation of direct care 
employees and, where applicable, employee 
representatives and collective bargaining 
representatives, for all aspects of the Plan; 
(ii) be tailored and specific to condi-
tions and hazards for the covered facility 
or the covered service, including patient- 
specific risk factors and risk factors spe-
cific to each work area or unit; and 
(iii) be suitable for the size, com-
plexity, and type of operations at the cov-
ered facility or for the covered service, and 
remain in effect at all times. 
(B) PLAN CONTENT.—Each Plan shall in-
clude procedures and methods for the following: 
(i) Identification of the individual re-
sponsible for implementation of the Plan. 
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(ii) With respect to each work area 
and unit at the covered facility or while 
covered employees are performing the cov-
ered service, risk assessment and identi-
fication of workplace violence risks and 
hazards to employees exposed to such risks 
and hazards (including environmental risk 
factors and patient-specific risk factors), 
which shall be— 
(I) informed by past violent inci-
dents specific to such covered facility 
or such covered service; and 
(II) conducted with, at a min-
imum— 
(aa) direct care employees; 
(bb) where applicable, the 
representatives of such employ-
ees; and 
(cc) the employer. 
(iii) Hazard prevention, engineering 
controls, or work practice controls to cor-
rect, in a timely manner, hazards that the 
employer creates or controls applying in-
dustrial hygiene principles of the hierarchy 
of controls, which— 
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(I) may include security and 
alarm systems, adequate exit routes, 
monitoring systems, barrier protec-
tion, established areas for patients 
and clients, lighting, entry procedures, 
staffing and working in teams, and 
systems to identify and flag clients 
with a history of violence; and 
(II) shall ensure that employers 
correct, in a timely manner, hazards 
identified in the annual report de-
scribed in paragraph (5) that the em-
ployer creates or controls. 
(iv) Reporting, incident response, and 
post-incident investigation procedures, in-
cluding procedures— 
(I) for employees to report work-
place violence risks, hazards, and inci-
dents; 
(II) for employers to respond to 
reports of workplace violence; 
(III) for employers to perform a 
post-incident investigation and de-
briefing of all reports of workplace vi-
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olence with the participation of em-
ployees and their representatives; and 
(IV) to provide medical care or 
first aid to affected employees. 
(v) Procedures for emergency re-
sponse, including procedures for threats of 
mass casualties and procedures for inci-
dents involving a firearm or a dangerous 
weapon. 
(vi) Procedures for communicating 
with and training of covered employees on 
workplace violence hazards, threats, and 
work practice controls, the employer’s plan, 
and procedures for confronting, responding 
to, 
and 
reporting 
workplace 
violence 
threats, incidents, and concerns, and em-
ployee rights. 
(vii) Procedures for coordination of 
risk assessment efforts, Plan development, 
and implementation of the Plan with other 
employers who have employees who work 
at the covered facility or who are per-
forming the covered service. 
(viii) Procedures for conducting the 
annual evaluation under paragraph (6). 
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(C) AVAILABILITY OF PLAN.—Each Plan 
shall be made available at all times to the cov-
ered employees who are covered under such 
Plan. 
(2) VIOLENT INCIDENT INVESTIGATION.— 
(A) IN GENERAL.—As soon as practicable 
after a workplace violence incident, risk, or haz-
ard of which a covered employer has knowledge, 
the employer shall conduct an investigation of 
such incident, risk, or hazard under which the 
employer shall— 
(i) review the circumstances of the in-
cident, risk, or hazard, and whether any 
controls or measures implemented pursu-
ant to the Plan of the employer were effec-
tive; and 
(ii) solicit input from involved employ-
ees, their representatives, and supervisors, 
about the cause of the incident, risk, or 
hazard, and whether further corrective 
measures (including system-level factors) 
could have prevented the incident, risk, or 
hazard. 
(B) DOCUMENTATION.—A covered em-
ployer shall 
document 
the 
findings, 
rec-
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ommendations, and corrective measures taken 
for each investigation conducted under this 
paragraph. 
(3) TRAINING AND EDUCATION.—With respect 
to the covered employees covered under a Plan of a 
covered employer, the employer shall provide train-
ing and education to such employees who may be ex-
posed to workplace violence hazards and risks, which 
meet the following requirements: 
(A) Annual training and education includes 
information on the Plan, including identified 
workplace violence hazards, work practice con-
trol measures, reporting procedures, record 
keeping requirements, response procedures, and 
employee rights. 
(B) Additional hazard recognition training 
for supervisors and managers to ensure they 
can recognize high-risk situations and do not 
assign employees to situations that predictably 
compromise their safety. 
(C) Additional training for each such cov-
ered employee whose job circumstances has 
changed, within a reasonable timeframe after 
such change. 
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(D) New employee training prior to assign-
ment. 
(E) All training provides such employees 
opportunities to ask questions, give feedback on 
such training, and request additional instruc-
tion, clarification, or other followup. 
(F) All training is provided in-person and 
by an individual with knowledge of workplace 
violence prevention and of the Plan. 
(G) All training is appropriate in content 
and vocabulary to the language, educational 
level, and literacy of such covered employees. 
(4) RECORDKEEPING
AND
ACCESS
TO
PLAN 
RECORDS.— 
(A) IN GENERAL.—Each covered employer 
shall— 
(i) maintain at all times— 
(I) records related to each Plan 
of the employer, including workplace 
violence risk and hazard assessments, 
and identification, evaluation, correc-
tion, and training procedures; 
(II) a violent incident log de-
scribed in subparagraph (B) for re-
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cording all workplace violence inci-
dents; and 
(III) records of all incident inves-
tigations as required under paragraph 
(2)(B); and 
(ii) make such records and logs avail-
able, upon request, to covered employees 
and their representatives for examination 
and copying in accordance with section 
1910.1020 of title 29, Code of Federal 
Regulations, and in a manner consistent 
with HIPAA privacy regulations (defined 
in section 1180(b)(3) of the Social Security 
Act (42 U.S.C. 1320d–9(b)(3))) and part 
2 of title 42, Code of Federal Regulations, 
and ensure that any such records and logs 
removed from the employer’s control for 
purposes of this clause omit any element of 
personal identifying information sufficient 
to allow identification of any patient, resi-
dent or client alleged to have committed a 
violent incident (including the person’s 
name, address, electronic mail address, 
telephone number, or social security num-
ber, or other information that, alone or in 
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combination with other publicly available 
information, reveals such person’s iden-
tity). 
(B) VIOLENT
INCIDENT
LOG
DESCRIP-
TION.—Each violent incident log shall— 
(i) be maintained by a covered em-
ployer for each covered facility controlled 
by the employer and for each covered serv-
ice being performed by a covered employee 
on behalf of such employer; 
(ii) be based on a template developed 
by the Secretary not later than 1 year 
after the date of enactment of this Act; 
(iii) include, at a minimum, a descrip-
tion of— 
(I) the violent incident (including 
environmental risk factors present at 
the time of the incident); 
(II) the date, time, and location 
of the incident, names and job titles 
of involved employees; 
(III) the nature and extent of in-
juries to covered employees; 
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(IV) a classification of the perpe-
trator who committed the violence, in-
cluding whether the perpetrator was— 
(aa) a patient, client, or cus-
tomer of a covered employer; 
(bb) a family or friend of a 
patient, client, or customer of a 
covered employer; 
(cc) a stranger with criminal 
intent; 
(dd) a coworker, supervisor, 
or manager of a covered em-
ployee; 
(ee) a partner, spouse, par-
ent, or relative of a covered em-
ployee; or 
(ff) any other appropriate 
classification; 
(V) the type of violent incident 
(such as type 1 violence, type 2 vio-
lence, type 3 violence, or type 4 vio-
lence); and 
(VI) 
how 
the 
incident 
was 
abated; 
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(iv) not later than 7 days after the 
employer learns of such incident, contain a 
record of each violent incident, which is 
updated to ensure completeness of such 
record; 
(v) be maintained for not less than 5 
years; and 
(vi) in the case of a violent incident 
involving a privacy concern case, protect 
the identity of employees in a manner con-
sistent with section 1904.29(b) of title 29, 
Code of Federal Regulations. 
(C) ANNUAL SUMMARY.— 
(i) COVERED EMPLOYERS.—Each cov-
ered employer shall prepare an annual 
summary of each violent incident log for 
the preceding calendar year that shall— 
(I) with respect to each covered 
facility, and each covered service, for 
which such a log has been maintained, 
include the total number of violent in-
cidents, the number of recordable in-
juries related to such incidents, and 
the total number of hours worked by 
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the covered employees for such pre-
ceding year; 
(II) be completed on a form pro-
vided by the Secretary; 
(III) be posted for three months 
beginning February 1 of each year in 
a manner consistent with the require-
ments of section 1904 of title 29, 
Code of Federal Regulations, relating 
to the posting of summaries of injury 
and illness logs; 
(IV) be located in a conspicuous 
place or places where notices to em-
ployees are customarily posted; and 
(V) not be altered, defaced, or 
covered by other material. 
(ii) SECRETARY.—Not later than 1 
year after the promulgation of the interim 
final standard under section 101(a), the 
Secretary shall make available a platform 
for the electronic submission of annual 
summaries required under this paragraph. 
(5) ANNUAL
REPORT.—Not later than Feb-
ruary 15 of each year, each covered employer shall 
report to the Secretary, the frequency, quantity, and 
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severity of workplace violence, and any incident re-
sponse and post-incident investigation (including 
abatement measures for the incidents) set forth in 
the annual summary of the violent incident log de-
scribed in paragraph (4)(C). 
(6) ANNUAL EVALUATION.—Each covered em-
ployer shall conduct an annual written evaluation, 
conducted with the full, active participation of cov-
ered employees and employee representatives, of— 
(A) the implementation and effectiveness 
of the Plan, including a review of the violent in-
cident log; and 
(B) compliance with training required by 
each standard described in section 101, and 
specified in the Plan. 
(7) ANTI-RETALIATION.— 
(A) POLICY.—Each covered employer shall 
adopt a policy prohibiting any person (including 
an agent of the employer) from discriminating 
or retaliating against any employee for report-
ing, or seeking assistance or intervention from, 
a workplace violence incident, threat, or concern 
to the employer, law enforcement, local emer-
gency services, or a government agency, or par-
ticipating in an incident investigation. 
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(B) PROHIBITION.—No covered employer 
shall discriminate or retaliate against any em-
ployee for reporting, or seeking assistance or 
intervention from, a workplace violence incident, 
threat, or concern to the employer, law enforce-
ment, local emergency services, or a government 
agency, or for exercising any other rights under 
this paragraph. 
(C) ENFORCEMENT.—This paragraph shall 
be enforced in the same manner and to the 
same extent as any standard promulgated 
under section 6(b) of the Occupational Safety 
and Health Act (29 U.S.C. 655(b)). 
SEC. 104. RULES OF CONSTRUCTION. 
Notwithstanding section 18 of the Occupational Safe-
ty and Health Act of 1970 (29 U.S.C. 667)— 
(1) nothing in this title shall be construed to 
curtail or limit authority of the Secretary under any 
other provision of the law; and 
(2) the rights, privileges, or remedies of covered 
employees shall be in addition to the rights, privi-
leges, or remedies provided under any Federal or 
State law, or any collective bargaining agreement. 
SEC. 105. OTHER DEFINITIONS. 
In this title: 
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(1) WORKPLACE VIOLENCE.— 
(A) IN GENERAL.—The term ‘‘workplace 
violence’’ means any act of violence or threat of 
violence, without regard to intent, that occurs 
at a covered facility or while a covered employee 
performs a covered service. 
(B) EXCLUSIONS.—The term ‘‘workplace 
violence’’ does not include lawful acts of self-de-
fense or defense of others. 
(C) INCLUSIONS.—The term ‘‘workplace 
violence’’ includes— 
(i) the threat or use of physical force 
against a covered employee that results in 
or has a high likelihood of resulting in in-
jury, psychological trauma, or stress, with-
out regard to whether the covered em-
ployee sustains an injury, psychological 
trauma, or stress; and 
(ii) an incident involving the threat or 
use of a firearm or a dangerous weapon, 
including the use of common objects as 
weapons, without regard to whether the 
employee sustains an injury, psychological 
trauma, or stress. 
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(2) TYPE 1 VIOLENCE.—The term ‘‘type 1 vio-
lence’’— 
(A) means workplace violence directed at a 
covered employee at a covered facility or while 
performing a covered service by an individual 
who has no legitimate business at the covered 
facility or with respect to such covered service; 
and 
(B) includes violent acts by any individual 
who enters the covered facility or worksite 
where a covered service is being performed with 
the intent to commit a crime. 
(3) TYPE 2 VIOLENCE.—The term ‘‘type 2 vio-
lence’’ means workplace violence directed at a cov-
ered employee by customers, clients, patients, stu-
dents, inmates, or any individual for whom a covered 
facility provides services or for whom the employee 
performs covered services. 
(4) TYPE 3 VIOLENCE.—The term ‘‘type 3 vio-
lence’’ means workplace violence directed at a cov-
ered employee by a present or former employee, su-
pervisor, or manager. 
(5) TYPE 4 VIOLENCE.—The term ‘‘type 4 vio-
lence’’ means workplace violence directed at a cov-
ered employee by an individual who is not an em-
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