IB 
Union Calendar No. 239 
116TH CONGRESS 
1ST SESSION H. R. 1309 
[Report No. 116–296, 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 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 
NOVEMBER 18, 2019 
Additional sponsors: Ms. WASSERMAN SCHULTZ, Mrs. DAVIS of California, 
Ms. PORTER, Mr. LEVIN of Michigan, Ms. JAYAPAL, Mr. TAKANO, Ms. 
LEE of California, Mr. MOULTON, Mrs. MCBATH, Ms. DELAURO, Ms. 
LOFGREN, Mr. VARGAS, Mr. SABLAN, Mr. COHEN, Mr. DEFAZIO, Mrs. 
NAPOLITANO, Ms. FUDGE, Ms. DEAN, Ms. HILL of California, Mrs. 
HAYES, Mr. VISCLOSKY, Ms. MOORE, Mr. RYAN, Ms. PRESSLEY, Ms. 
MENG, Mr. GRIJALVA, Ms. SCANLON, Ms. CRAIG, Mr. ROSE of New 
York, Mr. SEAN PATRICK MALONEY of New York, Mr. LOWENTHAL, Mr. 
CARSON of Indiana, Mr. THOMPSON of Mississippi, Ms. SHALALA, Mrs. 
LAWRENCE, Mr. CASE, Mr. CISNEROS, Mr. BLUMENAUER, Mr. PAPPAS, 
Ms. SA´NCHEZ, Mr. CRIST, Ms. SLOTKIN, Ms. STEFANIK, Ms. BROWNLEY 
of California, Mr. GOLDEN, Mr. LANGEVIN, Mr. HIGGINS of New York, 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
Mr. JOHNSON of Georgia, Mr. CICILLINE, Mr. DANNY K. DAVIS of Illi-
nois, Mr. MCGOVERN, Mr. LYNCH, Mr. PAYNE, Mr. DAVID SCOTT of 
Georgia, Ms. ROYBAL-ALLARD, Mr. RUSH, Ms. KAPTUR, Ms. JUDY CHU 
of California, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. NORCROSS, 
Mrs. BUSTOS, Mr. MALINOWSKI, Ms. SCHRIER, Mr. HARDER of Cali-
fornia, Mr. TRONE, Ms. MUCARSEL-POWELL, Mr. RUIZ, Ms. KUSTER of 
New Hampshire, Mr. PASCRELL, Ms. BLUNT ROCHESTER, Mrs. AXNE, 
Mr. CA´RDENAS, Mr. MORELLE, Mr. NEGUSE, Mr. KIM, Ms. JOHNSON of 
Texas, Mr. RUPPERSBERGER, Mr. JEFFRIES, Mr. HASTINGS, Mr. BROWN 
of Maryland, Ms. CLARK of Massachusetts, Mr. GOMEZ, Mr. TED LIEU 
of California, Ms. FINKENAUER, Mr. SERRANO, Ms. WATERS, Mrs. DIN-
GELL, Ms. JACKSON LEE, Mr. SARBANES, Ms. BARRAGA´N, Mr. LAWSON 
of Florida, Mr. FOSTER, Mr. QUIGLEY, Mrs. TRAHAN, Mr. GALLEGO, Mr. 
LOEBSACK, Mr. DOGGETT, Ms. TITUS, Mr. KENNEDY, Mrs. WATSON 
COLEMAN, Ms. CASTOR of Florida, Mr. SOTO, Ms. SPANBERGER, Miss 
RICE of New York, Mrs. DEMINGS, Mr. COOPER, Mr. GARCI´A of Illinois, 
Ms. BASS, Mr. KRISHNAMOORTHI, Mr. GONZALEZ of Texas, Mr. TONKO, 
Mr. FITZPATRICK, Ms. DELBENE, Mrs. KIRKPATRICK, Mr. GREEN of 
Texas, Mr. PHILLIPS, Mr. CASTRO of Texas, Mr. MEEKS, Mr. SMITH of 
Washington, Mr. AGUILAR, Mr. CARTWRIGHT, Mr. BERA, Mrs. MURPHY 
of Florida, Mr. LARSEN of Washington, Mr. VAN DREW, Mr. KILDEE, 
Mrs. BEATTY, Mr. COX of California, Mr. CROW, Ms. KELLY of Illinois, 
Ms. SPEIER, Mr. HECK, Mrs. LEE of Nevada, Mr. YARMUTH, Mr. 
WELCH, Mr. CARBAJAL, Mr. PRICE of North Carolina, Mr. VELA, Mr. 
PERLMUTTER, Mr. ROUDA, Mrs. LOWEY, Ms. UNDERWOOD, Mr. CLAY, 
Ms. TLAIB, Mr. BACON, Ms. STEVENS, Mr. CLEAVER, Ms. GABBARD, Mr. 
SCHIFF, Mr. LUJA´N, Mr. BUTTERFIELD, Mr. KILMER, Mr. MICHAEL F. 
DOYLE of Pennsylvania, Mr. BRINDISI, Mr. KIND, Mr. PETERS, Mr. 
KEATING, Mr. HUFFMAN, Mr. SHERMAN, Ms. DEGETTE, Mr. SUOZZI, 
Mr. COLE, Ms. DAVIDS of Kansas, Mr. SMITH of New Jersey, Mr. 
YOUNG, Mr. CUMMINGS, Mr. LEVIN of California, Ms. MATSUI, Mr. 
VEASEY, Mr. DELGADO, Mrs. TORRES of California, Mr. CONNOLLY, 
Mrs. CAROLYN B. MALONEY of New York, Mr. NADLER, Mr. SWALWELL 
of California, Mr. DEUTCH, Mr. PANETTA, Mr. SCHRADER, Ms. TORRES 
SMALL of New Mexico, Mr. GOTTHEIMER, Mr. SCHNEIDER, Ms. KENDRA 
S. HORN of Oklahoma, Mr. LAMB, Ms. SEWELL of Alabama, Ms. GARCIA 
of Texas, Mr. LEWIS, Ms. HOULAHAN, Mr. STANTON, Ms. SHERRILL, 
Mr. BEYER, Mr. EVANS, Mr. MCNERNEY, Ms. FRANKEL, Mr. 
MCEACHIN, Mrs. LURIA, Mr. STAUBER, Mrs. FLETCHER, Ms. ESCOBAR, 
Mr. FORTENBERRY, Mr. RICHMOND, Mr. BISHOP of Georgia, and Mr. 
CASTEN of Illinois 
VerDate Sep 11 2014 
00:11 Nov 19, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
NOVEMBER 18, 2019 
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] 
NOVEMBER 18, 2019 
Committees on Energy and Commerce and Ways and Means discharged; com-
mitted 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 19, 2019] 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6652
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
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. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6652
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workplace Violence Pre-
vention for Health Care and Social Service Workers Act’’. 
SEC. 2. TABLE OF CONTENTS. 
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 fa-
cilities 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 
health care and social service sectors, and certain 
employers in sectors that conduct activities simi-
lar to the activities in the health care and social 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
service sectors, to develop and implement a com-
prehensive workplace violence prevention plan to 
protect health care workers, social service work-
ers, and other personnel from workplace violence; 
and 
(B) that shall, at a minimum, be based on 
the Guidelines for Preventing Workplace Violence 
for Health care and Social Service Workers pub-
lished 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) NOTICE
AND
COMMENT.—Notwithstanding 
paragraph (2)(B), the Secretary shall, prior to pro-
mulgating the interim final standard under this sub-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
section, provide notice in the Federal Register of the 
interim final standard and a 30-day period for pub-
lic comment. 
(4) EFFECTIVE DATE OF INTERIM STANDARD.— 
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-
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 promulgated 
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. 
(5) 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 sec-
tion 6(b) of the Occupational Safety and Health Act 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(29 U.S.C. 655(b)) until such provisions are super-
seded in whole by an interim final standard promul-
gated by the Secretary that meets the requirements of 
paragraph (1). 
(b) FINAL STANDARD.— 
(1) PROPOSED
STANDARD.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary of Labor shall, pursuant to section 6 of the Oc-
cupational Safety and Health Act (29 U.S.C. 655), 
promulgate a proposed standard on workplace vio-
lence prevention— 
(A) for the purposes described in subsection 
(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 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(B) be effective and enforceable in the same 
manner and to the same extent as any standard 
promulgated under section 6(b) of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
655(b)). 
SEC. 102. SCOPE AND APPLICATION. 
In this title: 
(1) COVERED FACILITY.—The term ‘‘covered fa-
cility’’ includes the following: 
(A) Any hospital, including any specialty 
hospital, in-patient or outpatient setting, or clin-
ic 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 service 
setting or clinic at a correctional or detention fa-
cility. 
(E) Any community care setting, including 
a community-based residential facility, group 
home, and mental health clinic. 
(F) Any psychiatric treatment facility. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(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-
pational safety and health standards pursuant to 
section 1960 of title 29, Code of Federal Regula-
tions (as such section is in effect on the date of 
enactment of this Act). 
(J) Any other facility the Secretary deter-
mines should be covered under the standards pro-
mulgated 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 social 
work. 
(B) Any emergency services and transport, 
including such services provided by firefighters 
and emergency responders. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(C) Any services described in subparagraphs 
(A) and (B) performed by a Federal Government 
agency and required to comply with occupa-
tional safety and health standards pursuant to 
section 1960 of title 29, Code of Federal Regula-
tions (as such section is in effect on the date of 
enactment of this Act). 
(D) Any other services and operations the 
Secretary determines should be covered under the 
standards promulgated under section 101. 
(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 employs 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-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
ered employer to work at a covered facility or to per-
form covered services. 
SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PRE-
VENTION 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 promulga-
tion of the interim final standard under section 
101(a), a covered employer shall develop, implement, 
and maintain an effective written workplace violence 
prevention plan for covered employees at each covered 
facility and for covered employees performing a cov-
ered service on behalf of such employer, which meets 
the following: 
(A) 
PLAN
DEVELOPMENT.—Each 
Plan 
shall— 
(i) be developed and implemented with 
the meaningful participation of direct care 
employees, other employees, and employee 
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-spe-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
cific risk factors and risk factors specific 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. 
(ii) With respect to each work area and 
unit at the covered facility or while covered 
employees are performing the covered serv-
ice, risk assessment and identification of 
workplace violence risks and hazards to em-
ployees 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; 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(bb) where applicable, the 
representatives of such employees; 
and 
(cc) the employer. 
(iii) Hazard prevention, engineering 
controls, or work practice controls to correct 
hazards, in a timely manner, applying in-
dustrial hygiene principles of the hierarchy 
of controls, which— 
(I) may include security and 
alarm systems, adequate exit routes, 
monitoring systems, barrier protection, 
established areas for patients and cli-
ents, lighting, entry procedures, staff-
ing and working in teams, and systems 
to identify and flag clients with a his-
tory of violence; and 
(II) shall ensure that employers 
correct, in a timely manner, hazards 
identified in any violent incident in-
vestigation described in paragraph (2) 
and any annual report described in 
paragraph (5). 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
incidents, and concerns, and employee 
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 employ-
ees who work at the covered facility or 
who are performing the covered service; 
and 
(II) determining which covered 
employer or covered employers shall be 
responsible for implementing and com-
plying 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.—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-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
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 pursuant 
to the Plan of the employer were effective; 
and 
(ii) solicit input from involved employ-
ees, their representatives, and supervisors 
about the cause of the incident, risk, or haz-
ard, and whether further corrective meas-
ures (including system-level factors) could 
have prevented the incident, risk, or hazard. 
(B) DOCUMENTATION.—A covered employer 
shall document the findings, recommendations, 
and corrective measures taken for each investiga-
tion conducted under this paragraph. 
(3) TRAINING AND EDUCATION.—With respect to 
the covered employees covered under a Plan of a cov-
ered employer, the employer shall provide training 
and education to such employees who may be exposed 
to workplace violence hazards and risks, which meet 
the following requirements: 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(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, and 
employee rights. 
(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 safety 
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) Applicable training shall be provided 
under this paragraph for each new covered em-
ployee prior to the employee’s job assignment. 
(E) All training shall provide such employ-
ees opportunities to ask questions, give feedback 
on training, and request additional instruction, 
clarification, or other followup. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(F) All training shall be provided in-person 
and by an individual with knowledge of work-
place violence prevention and of the Plan, except 
that any annual training described in subpara-
graph (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. 
(G) 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 vio-
lence risk and hazard assessments, and 
identification, evaluation, correction, 
and training procedures; 
(II) a violent incident log de-
scribed in subparagraph (B) for re-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
cording all workplace violence inci-
dents; and 
(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 section 
1910.1020 of title 29, Code of Federal Regu-
lations (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 ef-
fect 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-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
fication of any patient, resident, client, or 
other individual alleged to have committed 
a violent incident (including the individ-
ual’s name, address, electronic mail address, 
telephone number, or social security num-
ber, or other information that, alone or in 
combination with other publicly available 
information, reveals such individual’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 service 
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); 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
lence, type 3 violence, or type 4 vio-
lence); and 
(VI) how the incident was abated; 
(iv) not later than 7 days after the em-
ployer learns of such incident, contain a 
record of each violent incident, which is up-
dated 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 section 
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 fa-
cility, and each covered service, for 
which such a log has been maintained, 
include the total number of violent in-
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
cidents, the number of recordable inju-
ries related to such incidents, and the 
total number of hours worked by the 
covered employees for such preceding 
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 (as such section 
is in effect on the date of enactment of 
this Act), 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 cov-
ered 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 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
for the electronic submission of annual sum-
maries required under this paragraph. 
(5) ANNUAL REPORT.—Not later than February 
15 of each year, each covered employer shall report to 
the Secretary, the frequency, quantity, and severity of 
workplace violence, and any incident response and 
post-incident 
investigation 
(including 
abatement 
measures) for the incidents set forth in the annual 
summary of the violent incident log described 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 inci-
dent log; and 
(B) compliance with training required by 
each standard described in section 101, and spec-
ified in the Plan. 
(7) ANTI-RETALIATION.— 
(A) POLICY.—Each covered employer shall 
adopt a policy prohibiting any person (includ-
ing an agent of the employer) from discrimi-
nating or retaliating against any employee for 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
reporting, or seeking assistance or intervention 
from, a workplace violence incident, threat, or 
concern to the employer, law enforcement, local 
emergency services, or a government agency, or 
participating 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 assist-
ance or intervention with respect to such in-
cident, threat, or concern from, the em-
ployer, law enforcement, local emergency 
services, or a local, State, or Federal gov-
ernment 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 sec-
tion 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 Safety 
and Health Act of 1970 (29 U.S.C. 667)— 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(1) nothing in this title shall be construed to cur-
tail 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: 
(1) WORKPLACE VIOLENCE.— 
(A) IN GENERAL.—The term ‘‘workplace vi-
olence’’ means any act of violence or threat of vi-
olence, without regard to intent, that occurs at a 
covered facility or while a covered employee per-
forms a covered service. 
(B) EXCLUSIONS.—The term ‘‘workplace vi-
olence’’ does not include lawful acts of self-de-
fense or lawful acts of defense of others. 
(C) INCLUSIONS.—The term ‘‘workplace vio-
lence’’ 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 employee 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
sustains an injury, psychological trauma, 
or stress; and 
(ii) an incident involving the threat or 
use of a firearm or a dangerous weapon, in-
cluding the use of common objects as weap-
ons, 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 fa-
cility 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 in-
tent to commit a crime. 
(3) TYPE 2 VIOLENCE.—The term ‘‘type 2 vio-
lence’’ means workplace violence directed at a covered 
employee by customers, clients, patients, students, in-
mates, or any individual for whom a covered facility 
provides services or for whom the employee performs 
covered services. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(4) TYPE 3 VIOLENCE.—The term ‘‘type 3 vio-
lence’’ means workplace violence directed at a covered 
employee by a present or former employee, supervisor, 
or manager. 
(5) TYPE 4 VIOLENCE.—The term ‘‘type 4 vio-
lence’’ means workplace violence directed at a covered 
employee by an individual who is not an employee, 
but has or is known to have had a personal relation-
ship 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 in-
dividual’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. 
(8) DANGEROUS WEAPON.—The term ‘‘dangerous 
weapon’’ means an instrument capable of inflicting 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
death or serious bodily injury, without regard to 
whether such instrument was designed for that pur-
pose. 
(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 em-
ployee and the hazard. 
(B) INCLUSIONS.—For purposes of reducing 
workplace violence hazards, the term ‘‘engineer-
ing controls’’ includes electronic access controls 
to employee occupied areas, weapon detectors 
(installed or handheld), enclosed workstations 
with 
shatter-resistant 
glass, 
deep 
service 
counters, separate rooms or areas for high-risk 
patients, locks on doors, removing access to or se-
curing items that could be used as weapons, fur-
niture affixed to the floor, opaque glass in pa-
tient rooms (which protects privacy, but allows 
the health care provider to see where the patient 
is before entering the room), closed-circuit tele-
vision monitoring and video recording, sight- 
aids, and personal alarm devices. 
(10) ENVIRONMENTAL RISK FACTORS.— 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(A) IN
GENERAL.—The term ‘‘environ-
mental risk factors’’ means factors in the covered 
facility or area in which a covered service is per-
formed that may contribute to the likelihood or 
severity of a workplace violence incident. 
(B) CLARIFICATION.—Environmental risk 
factors may be associated with the specific task 
being performed or the work area, such as work-
ing in an isolated area, poor illumination or 
blocked visibility, and lack of physical barriers 
between individuals and persons at risk of com-
mitting workplace violence. 
(11) PATIENT-SPECIFIC
RISK
FACTORS.—The 
term ‘‘patient-specific risk factors’’ means factors spe-
cific to a patient that may increase the likelihood or 
severity of a workplace violence incident, including— 
(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 experi-
ence confusion or disorientation, be non-respon-
sive to instruction, behave unpredictably, or en-
gage in disruptive, threatening, or violent behav-
ior. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(12) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(13) WORK PRACTICE CONTROLS.— 
(A) IN GENERAL.—The term ‘‘work practice 
controls’’ means procedures and rules that are 
used to effectively reduce workplace violence haz-
ards. 
(B) INCLUSIONS.—The term ‘‘work practice 
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 techniques 
to de-escalate and minimize violent behav-
ior; and 
(iv) employee training on procedures 
for response in the event of a workplace vio-
lence incident and for post-incident re-
sponse. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
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 Security 
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 otherwise 
subject to such Act (or such a State occupational safe-
ty and health plan), to comply with the Workplace 
Violence Prevention Standard (as promulgated under 
section 101 of the Workplace Violence Prevention for 
Health Care and Social Service Workers Act).’’; and 
(2) in subsection (b)(4)— 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
(A) in subparagraph (A), by inserting ‘‘and 
a hospital or skilled nursing facility that fails to 
comply with the requirement of subsection 
(a)(1)(Z) (relating to the Workplace Violence 
Prevention Standard)’’ after ‘‘Bloodborne Patho-
gens 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 re-
ferred to in such subsection by a hospital or 
skilled nursing facility, as applicable, that 
is subject to the provisions of such Act)’’ be-
fore the period at the end. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply beginning on the date that is 1 year 
after the date of issuance of the interim final standard on 
workplace violence prevention required under section 101. 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 239 
116TH CONGRESS 
1ST SESSION 
H. R. 1309 
[Report No. 116–296, Part I] 
A BILL 
To direct the Secretary of Labor to issue an occu-
pational safety and health standard that requires 
covered employers within the health care and so-
cial service industries to develop and implement 
a comprehensive workplace violence prevention 
plan, and for other purposes. 
NOVEMBER 18, 2019 
Reported from the Committee on Education and Labor 
with an amendment 
NOVEMBER 18, 2019 
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 
VerDate Sep 11 2014 
22:08 Nov 18, 2019
Jkt 099200
PO 00000
Frm 00036
Fmt 6651
Sfmt 6651
E:\BILLS\H1309.RH
H1309
kjohnson on DSK79L0C42 with BILLS