An Act To Improve the Safety of Workers Who Provide Direct Mental Health and Social Services
Maine Legislature, Session 126, LD 1165
Committee: Health and Human Services
Sponsors: LACHOWICZ, GRAHAM, CRAVEN, MAZUREK, HICKMAN, JONES, NADEAU
Amends: 22 MRSA §51

Legislative Document 
No. 1165 
S.P. 402 
In Senate, March 26, 2013 
An Act To Improve the Safety of Workers Who Provide Direct 
Mental Health and Social Services 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator LACHOWICZ of Kennebec. 
Cosponsored by Representative GRAHAM of North Yarmouth and 
Senators: CRAVEN of Androscoggin, MAZUREK of Knox, Representatives: HICKMAN of 
Winthrop, JONES of Freedom, NADEAU of Winslow. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §51 is enacted to read: 
§51.  Workplace violence prevention 
1.  Commissioner.  The commissioner shall by rule require that direct service 
programs providing direct social services to clients and operated, licensed or funded by 
the department establish a workplace violence prevention program for direct service 
workers.  For the purposes of this section, "direct service worker" includes mental health 
workers, social workers, human services workers and all employees and volunteers 
having regular direct contact with clients and members of the public.  Rules adopted 
under this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
2.  Assessment.  A workplace violence prevention program established pursuant to 
subsection 1 must assess and annually review the operations of the direct service program 
to determine factors that may put direct service workers at risk for workplace violence, 
including, but not limited to, working outside normal business hours, working alone or 
working with individuals in crisis or with known histories of violent behavior. 
3.  Program requirements.  Based on the factors identified by the assessment and 
review conducted under subsection 2, a direct service program shall: 
A.  Establish a system for centrally recording all incidents of workplace violence and 
threats of workplace violence against direct service workers; 
B.  Prepare a written workplace violence prevention and crisis response plan that 
includes measures to respond to an incident of workplace violence against a direct 
service worker; 
C.  Provide each direct service worker with a copy of the workplace violence 
prevention and crisis response plan under paragraph B; 
D.  Implement training to educate direct service workers about workplace violence 
and ways to reduce the risk of workplace violence; and 
E.  Develop and maintain a workplace violence prevention and crisis response team 
to monitor ongoing compliance with the workplace violence prevention and crisis 
response plan under paragraph B and to assist direct service workers affected by or 
threatened with workplace violence. 
SUMMARY 
This bill requires all programs providing direct services to clients that are operated, 
licensed or funded by the Department of Health and Human Services to establish a 
workplace violence prevention program, including a workplace violence prevention and 
crisis response plan, to educate, train and assist direct service workers who may be 
affected by or threatened with workplace violence.