HR 1309 RFS
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— 
(I) ensuring the coordination of 
risk assessment efforts, Plan develop-
ment, and implementation of the Plan 
with other employers who have em-
ployees who work at the covered facil-
ity or who are performing the covered 
service; and 
(II) determining which covered 
employer or covered employers shall 
be responsible for implementing and 
complying with the provisions of the 
standard applicable to the working 
conditions over which such employers 
have control. 
(viii) Procedures for conducting the 
annual evaluation under paragraph (6). 
(C) AVAILABILITY OF PLAN.— 
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(i) IN
GENERAL.—Each Plan shall 
be— 
(I) made available at all times to 
the covered employees who are cov-
ered under such Plan; and 
(II) 
to 
the 
extent 
possible, 
emailed to each such employee upon 
completion of the employee’s annual 
training under paragraph (3)(A). 
(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph shall be construed 
to serve in lieu of training or any other re-
quirements under this Act. 
(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 
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(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-
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 shall 
include information on the Plan, including iden-
tified workplace violence hazards, work practice 
control measures, reporting procedures, record 
keeping requirements, response procedures, 
anti-retaliation policies, and employee rights. 
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(B) Additional hazard recognition training 
shall be provided for supervisors and managers 
to ensure they— 
(i) can recognize high-risk situations; 
and 
(ii) do not assign employees to situa-
tions that predictably compromise the safe-
ty of such employees. 
(C) Additional training shall be provided 
for each such covered employee whose job cir-
cumstances have changed, within a reasonable 
timeframe after such change. 
(D) Additional training shall be provided 
for each such covered employee whose job cir-
cumstances require working with victims of tor-
ture, trafficking, or domestic violence. 
(E) Applicable training shall be provided 
under this paragraph for each new covered em-
ployee prior to the employee’s job assignment. 
(F) All training shall provide such employ-
ees opportunities to ask questions, give feed-
back on training, and request additional in-
struction, clarification, or other followup. 
(G) All training shall be provided in-person 
and by an individual with knowledge of work-
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place violence prevention and of the Plan, ex-
cept that any annual training described in sub-
paragraph (A) provided to an employee after 
the first year such training is provided to such 
employee may be conducted by live video if in- 
person training is impracticable. 
(H) All training shall be appropriate in 
content and vocabulary to the language, edu-
cational level, and literacy of such covered em-
ployees. 
(4) RECORDKEEPING
AND
ACCESS
TO
PLAN 
RECORDS.— 
(A) IN GENERAL.—Each covered employer 
shall— 
(i) maintain for not less than 5 
years— 
(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-
cording all workplace violence inci-
dents; and 
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(III) records of all incident inves-
tigations as required under paragraph 
(2)(B); and 
(ii)(I) make such records and logs 
available, upon request, to covered employ-
ees and their representatives for examina-
tion and copying in accordance with sec-
tion 1910.1020 of title 29, Code of Federal 
Regulations (as such section is in effect on 
the date of enactment of this Act), 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 (as such part 
is in effect on the date of enactment of this 
Act); and 
(II) ensure that any such records and 
logs that may be copied, transmitted elec-
tronically, or otherwise removed from the 
employer’s control for purposes of this 
clause omit any element of personal identi-
fying information sufficient to allow identi-
fication of any patient, resident, client, or 
other individual alleged to have committed 
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a violent incident (including the individ-
ual’s name, address, electronic mail ad-
dress, telephone number, or social security 
number, or other information that, alone 
or in combination with other publicly avail-
able information, reveals such individual’s 
identity). 
(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, and the names and 
job titles of involved employees; 
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(III) the nature and extent of in-
juries to covered employees; 
(IV) a classification of the perpe-
trator who committed the violence, in-
cluding whether the perpetrator was— 
(aa) a patient, client, resi-
dent, or customer of a covered 
employer; 
(bb) a family or friend of a 
patient, client, resident, or cus-
tomer of a covered employer; 
(cc) a stranger; 
(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 
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(VI) 
how 
the 
incident 
was 
abated; 
(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 (as such sec-
tion is in effect on the date of enactment 
of this Act). 
(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-
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cidents, the number of recordable in-
juries related to such incidents, and 
the total number of hours worked by 
the covered employees for such pre-
ceding year; 
(II) be completed on a form pro-
vided by the Secretary; 
(III) be posted for 3 months be-
ginning February 1 of each year in a 
manner consistent with the require-
ments of section 1904 of title 29, 
Code of Federal Regulations (as such 
section is in effect on the date of en-
actment of this Act), relating to the 
posting of summaries of injury and ill-
ness 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 
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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 
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). Not later than May 15 
of each year, the Secretary shall provide to Congress 
a report containing statistical data with respect to, 
and a summary of, reports submitted to the Sec-
retary under this paragraph. The contents of the re-
port of the Secretary shall not disclose any confiden-
tial information. 
(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 
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(B) compliance with training required by 
each standard described in section 101, and 
specified in the Plan. 
(7) PLAN
UPDATES.—Each covered employer 
shall incorporate changes to the Plan, in a manner 
consistent with paragraph (1)(A)(i) and based on 
findings from the most recent annual evaluation con-
ducted under paragraph (6), as appropriate. 
(8) 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. 
(B) PROHIBITION.—No covered employer 
shall discriminate or retaliate against any em-
ployee for— 
(i) reporting a workplace violence inci-
dent, threat, or concern to, or seeking as-
sistance or intervention with respect to 
such incident, threat, or concern from, the 
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employer, law enforcement, local emer-
gency services, or a local, State, or Federal 
government agency; or 
(ii) 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; 
(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; 
(3) nothing in this Act shall be construed to 
limit or prevent health care workers, social service 
workers, and other personnel from reporting violent 
incidents to appropriate law enforcement; and 
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(4) nothing in this Act shall be construed to 
limit or diminish any protections in relevant Federal, 
State, or local law related to— 
(A) domestic violence; 
(B) stalking; 
(C) dating violence; and 
(D) sexual assault. 
SEC. 105. OTHER DEFINITIONS. 
In this title: 
(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 lawful acts of 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-
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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. 
(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 
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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-
ployee, but has or is known to have had a personal 
relationship with such employee, or with a customer, 
client, patient, student, inmate, or any individual for 
whom a covered facility provides services or for 
whom the employee performs covered services. 
(6) THREAT OF VIOLENCE.—The term ‘‘threat 
of violence’’ means a statement or conduct that— 
(A) causes an individual to fear for such 
individual’s safety because there is a reasonable 
possibility the individual might be physically in-
jured; and 
(B) serves no legitimate purpose. 
(7) ALARM.—The term ‘‘alarm’’ means a me-
chanical, electrical, or electronic device that does not 
rely upon an employee’s vocalization in order to alert 
others. 
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(8) DANGEROUS
WEAPON.—The term ‘‘dan-
gerous weapon’’ means an instrument capable of in-
flicting death or serious bodily injury, without re-
gard to whether such instrument was designed for 
that purpose. 
(9) ENGINEERING CONTROLS.— 
(A) IN GENERAL.—The term ‘‘engineering 
controls’’ means an aspect of the built space or 
a device that removes a hazard from the work-
place or creates a barrier between a covered 
employee and the hazard. 
(B) INCLUSIONS.—For purposes of reduc-
ing workplace violence hazards, the term ‘‘engi-
neering controls’’ includes electronic access con-
trols to employee occupied areas, weapon detec-
tors (installed or handheld), enclosed work-
stations with shatter-resistant glass, deep serv-
ice counters, separate rooms or areas for high- 
risk patients, locks on doors, removing access to 
or securing items that could be used as weap-
ons, furniture affixed to the floor, opaque glass 
in patient rooms (which protects privacy, but 
allows the health care provider to see where the 
patient is before entering the room), closed-cir-
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cuit television monitoring and video recording, 
sight-aids, and personal alarm devices. 
(10) ENVIRONMENTAL RISK FACTORS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental risk factors’’ means factors in the cov-
ered facility or area in which a covered service 
is performed that may contribute to the likeli-
hood or severity of a workplace violence inci-
dent. 
(B) CLARIFICATION.—Environmental risk 
factors may be associated with the specific task 
being performed or the work area, such as 
working in an isolated area, poor illumination 
or blocked visibility, and lack of physical bar-
riers between individuals and persons at risk of 
committing workplace violence. 
(11) PATIENT-SPECIFIC
RISK
FACTORS.—The 
term ‘‘patient-specific risk factors’’ means factors 
specific to a patient that may increase the likelihood 
or severity of a workplace violence incident, includ-
ing— 
(A) a patient’s treatment and medication 
status, and history of violence and use of drugs 
or alcohol; and 
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(B) any conditions or disease processes of 
the patient that may cause the patient to expe-
rience confusion or disorientation, be non-re-
sponsive to instruction, behave unpredictably, or 
engage in disruptive, threatening, or violent be-
havior. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(13) WORK PRACTICE CONTROLS.— 
(A) IN GENERAL.—The term ‘‘work prac-
tice controls’’ means procedures and rules that 
are used to effectively reduce workplace violence 
hazards. 
(B) INCLUSIONS.—The term ‘‘work prac-
tice controls’’ includes— 
(i) assigning and placing sufficient 
numbers of staff to reduce patient-specific 
Type 2 workplace violence hazards; 
(ii) provision of dedicated and avail-
able safety personnel such as security 
guards; 
(iii) employee training on workplace 
violence prevention methods and tech-
niques to de-escalate and minimize violent 
behavior; and 
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(iv) employee training on procedures 
for response in the event of a workplace vi-
olence incident and for post-incident re-
sponse. 
TITLE II—AMENDMENTS TO THE 
SOCIAL SECURITY ACT 
SEC. 201. APPLICATION OF THE WORKPLACE VIOLENCE 
PREVENTION STANDARD TO CERTAIN FACILI-
TIES RECEIVING MEDICARE FUNDS. 
(a) IN GENERAL.—Section 1866 of the Social Secu-
rity Act (42 U.S.C. 1395cc) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (X), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (Y), by striking at 
the end the period and inserting ‘‘; and’’; and 
(C) by inserting after subparagraph (Y) 
the following new subparagraph: 
‘‘(Z) in the case of hospitals that are not other-
wise subject to the Occupational Safety and Health 
Act of 1970 (or a State occupational safety and 
health plan that is approved under 18(b) of such 
Act) and skilled nursing facilities that are not other-
wise subject to such Act (or such a State occupa-
tional safety and health plan), to comply with the 
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Workplace Violence Prevention Standard (as pro-
mulgated under section 101 of the Workplace Vio-
lence Prevention for Health Care and Social Service 
Workers Act).’’; and 
(2) in subsection (b)(4)— 
(A) in subparagraph (A), by inserting 
‘‘and a hospital or skilled nursing facility that 
fails to comply with the requirement of sub-
section (a)(1)(Z) (relating to the Workplace Vi-
olence 
Prevention 
Standard)’’ 
after 
‘‘Bloodborne Pathogens standard)’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘(a)(1)(U)’’ and insert-
ing ‘‘(a)(1)(V)’’; and 
(ii) by inserting ‘‘(or, in the case of a 
failure to comply with the requirement of 
subsection (a)(1)(Z), for a violation of the 
Workplace Violence Prevention standard 
referred to in such subsection by a hospital 
or skilled nursing facility, as applicable, 
that is subject to the provisions of such 
Act)’’ before the period at the end. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply beginning on the date that is 
1 year after the date of issuance of the interim final stand-
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ard on workplace violence prevention required under sec-
tion 101. 
Passed the House of Representatives November 21, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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