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; 
and 
(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. 
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. 
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(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. 
(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 
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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-
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 
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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. 
(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- 
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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-
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 
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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 
(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 violence hazards; 
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(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 
(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: 
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‘‘(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 
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 
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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-
ard on workplace violence prevention required under sec-
tion 101. 
Æ 
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