BILL NUMBER: SB 1299 AMENDED
AMENDED IN SENATE MARCH 25, 2014
INTRODUCED BY Senator Padilla
FEBRUARY 21, 2014
An act to
amend add Section
6401.7 of 6401.8 to the Labor Code,
relating to occupational safety and health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1299, as amended, Padilla. Injury prevention programs.
Workplace violence prevention plans.
Existing law regulates the operation of health facilities,
The California Occupational Safety and Health Act of 1973 imposes
safety responsibilities on employers and employees, including the
requirement that an employer establish, implement, and maintain an
effective injury prevention program, and makes specified violations
of these provisions a crime.
This bill would require the Occupational Safety and Health
Standards Board, no later than July 1, 2015, to adopt standards
developed by the Division of Occupational Safety and Health that
require specified types of hospitals, including a general acute care
hospital or an acute psychiatric hospital, to adopt a workplace
violence prevention plan as a part of the hospital's injury and
illness prevention plan to protect health care workers and other
facility personnel from aggressive and violent behavior. The bill
would require the standards to include prescribed requirements for a
plan. The bill would require the division, by January 1, 2017, and
annually thereafter, to post a report on its Internet Web site
containing specified information regarding violent incidents at
Because this bill would expand the scope of a crime, the bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires an employer to establish, implement, and
maintain an effective injury prevention program, as prescribed.
This bill would make a nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6401.8 is added to the
Labor Code , to read:
6401.8. (a) The standards board, no later than July 1, 2015,
shall adopt standards developed by the division that require a
hospital licensed pursuant to subdivision (a), (b), or (f) of Section
1250 of the Health and Safety Code to adopt a workplace violence
prevention plan as a part of its injury and illness prevention plan
to protect health care workers and other facility personnel from
aggressive and violent behavior.
(b) The standards adopted pursuant to subdivision (a) shall
include all of the following:
(1) A requirement that the workplace violence prevention plan be
in effect at all times in all patient care units, including inpatient
and outpatient settings and clinics on the hospital's license.
(2) A definition of workplace violence that includes, but is not
limited to, both of the following:
(A) The use of physical force against a hospital employee by a
patient or a person accompanying a patient that results in, or has a
high likelihood of resulting in, injury, psychological trauma, or
stress, regardless of whether the employee sustains an injury.
(B) An incident involving the use of a firearm or other dangerous
weapon, regardless of whether the employee sustains an injury.
(3) A requirement that a workplace violence prevention plan
include, but not be limited to, all of the following:
(A) Personnel education and training policies that require all
health care workers who provide direct care to patients to, at least
annually, receive education and training that is designed to provide
an opportunity for interactive questions and answers with a person
knowledgeable about the workplace violence prevention plan. The
education and training shall cover topics that include, but are not
limited to, the following:
(i) How to recognize potential for violence, and when and how to
seek assistance to prevent or respond to violence.
(ii) How to report violent incidents to law enforcement.
(iii) Any resources available to employees for coping with
incidents of violence, including, but not limited to, critical
incident stress debriefing or employee assistance programs.
(B) A system for responding to, and investigating violent
incidents and situations involving violence or the risk of violence.
(C) A system to, at least annually, assess and improve upon
factors that may contribute to, or help prevent workplace violence,
including, but not limited to, the following:
(i) Staffing, including staffing patterns and patient
classification systems that contribute to, or are insufficient to
address, the risk of violence.
(ii) Sufficiency of security systems, including security personnel
(iii) Job design, equipment, and facilities.
(iv) Security risks associated with specific units, areas of the
facility with uncontrolled access, late-night or early morning
shifts, and employee security in areas surrounding the facility such
as employee parking areas.
(4) A requirement that all workplace violence prevention plans be
developed in conjunction with affected employees, including their
recognized collective bargaining agents, if any.
(5) A requirement that all temporary personnel to be oriented to
the workplace violence prevention plan.
(6) Provisions prohibiting hospitals from disallowing an employee
from, or taking punitive or retaliatory action against an employee
for, seeking assistance and intervention from local emergency
services or law enforcement when a violent incident occurs.
(7) A requirement that hospitals document, and retain for a period
of five years, a written record of any violent incident against a
hospital employee, regardless of whether the employee sustains an
injury, and regardless of whether the report is made by the employee
who is the subject of the violent incident or any other employee.
(8) A requirement that a hospital report violent incidents to the
division. If the incident results in injury, involves the use of a
firearm or other dangerous weapon, or presents an urgent or emergent
threat to the welfare, health, or safety of hospital personnel, the
hospital shall report the incident to the division within 24 hours.
All other incidents of violence shall be reported to the division
within 72 hours.
(c) By January 1, 2017, and annually thereafter, the division, in
a manner that protects patient and employee confidentiality, shall
post a report on its Internet Web site containing information
regarding violent incidents at hospitals, that includes, but is not
limited to, the total number of reports, and which specific hospitals
filed reports, pursuant to paragraph (7) of subdivision (b), the
outcome of any related inspection or investigation, the citations
levied against a hospital based on a violent incident, and
recommendations of the division on the prevention of violent
incidents at hospitals.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
SECTION 1. Section 6401.7 of the Labor Code is
amended to read:
6401.7. (a) Each employer shall establish, implement, and
maintain an effective injury prevention program. The program shall be
written, except as provided in subdivision (e), and shall include,
but not be limited to, the following elements:
(1) Identification of the person or persons responsible for
implementing the program.
(2) The employer's system for identifying and evaluating workplace
hazards, including scheduled periodic inspections to identify unsafe
conditions and work practices.
(3) The employer's methods and procedures for correcting unsafe or
unhealthy conditions and work practices in a timely manner.
(4) An occupational health and safety training program designed to
instruct employees in general safe and healthy work practices and to
provide specific instruction with respect to hazards specific to
each employee's job assignment.
(5) The employer's system for communicating with employees on
occupational health and safety matters, including provisions designed
to encourage employees to inform the employer of hazards at the
worksite without fear of reprisal.
(6) The employer's system for ensuring that employees comply with
safe and healthy work practices, which may include disciplinary
(b) The employer shall correct unsafe and unhealthy conditions and
work practices in a timely manner based on the severity of the
(c) The employer shall train all employees when the training
program is first established, all new employees, and all employees
given a new job assignment, and shall train employees whenever new
substances, processes, procedures, or equipment are introduced to the
workplace and represent a new hazard, and whenever the employer
receives notification of a new or previously unrecognized hazard. An
employer in the construction industry who is required to be licensed
under Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code may use employee training provided to
the employer's employees under a construction industry occupational
safety and health training program approved by the division to comply
with the requirements of subdivision (a) relating to employee
training, and shall only be required to provide training on hazards
specific to an employee's job duties.
(d) The employer shall keep appropriate records of steps taken to
implement and maintain the program. An employer in the construction
industry who is required to be licensed under Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code
may use records relating to employee training provided to the
employer in connection with an occupational safety and health
training program approved by the division to comply with this
subdivision, and shall only be required to keep records of those
steps taken to implement and maintain the program with respect to
hazards specific to an employee's job duties.
(e) (1) The standards board shall adopt a standard setting forth
the employer's duties under this section, on or before January 1,
1991, consistent with the requirements specified in subdivisions (a),
(b), (c), and (d). The standards board, in adopting the standard,
shall include substantial compliance criteria for use in evaluating
an employer's injury prevention program. The board may adopt less
stringent criteria for employers with few employees and for employers
in industries with insignificant occupational safety or health
(2) Notwithstanding subdivision (a), for employers with fewer than
20 employees who are in industries that are not on a designated list
of high hazard industries and who have a workers' compensation
experience modification rate of 1.1 or less, and for any employers
with fewer than 20 employees who are in industries that are on a
designated list of low hazard industries, the board shall adopt a
standard setting forth the employer's duties under this section
consistent with the requirements specified in subdivisions (a), (b),
and (c), except that the standard shall only require written
documentation to the extent of documenting the person or persons
responsible for implementing the program pursuant to paragraph (1) of
subdivision (a), keeping a record of periodic inspections pursuant
to paragraph (2) of subdivision (a), and keeping a record of employee
training pursuant to paragraph (4) of subdivision (a). To any extent
beyond the specifications of this subdivision, the standard shall
not require the employer to keep the records specified in subdivision
(3) (A) The division shall establish a list of high hazard
industries using the methods prescribed in Section 6314.1 for
identifying and targeting employers in high hazard industries. For
purposes of this subdivision, the "designated list of high hazard
industries" shall be the list established pursuant to this paragraph.
(B) For the purpose of implementing this subdivision, the
Department of Industrial Relations shall periodically review, and as
necessary revise, the list.
(4) For the purpose of implementing this subdivision, the
Department of Industrial Relations shall also establish a list of low
hazard industries, and shall periodically review, and as necessary
revise, that list.
(f) The standard adopted pursuant to subdivision (e) shall
specifically permit employer and employee occupational safety and
health committees to be included in the employer's injury prevention
program. The board shall establish criteria for use in evaluating
employer and employee occupational safety and health committees. The
criteria shall include minimum duties, including the following:
(1) Review of the employer's periodic, scheduled worksite
inspections; investigation of causes of incidents resulting in
injury, illness, or exposure to hazardous substances; and
investigation of any alleged hazardous condition brought to the
attention of any committee member. When determined necessary by the
committee, the committee may conduct its own inspections and
(2) (A) Upon request from the division, verification of abatement
action taken by the employer as specified in division citations.
(B) If an employer's occupational safety and health committee
meets the criteria established by the board, it shall be presumed to
be in substantial compliance with paragraph (5) of subdivision (a).
(g) The division shall adopt regulations specifying the procedures
for selecting employee representatives for employer-employee
occupational health and safety committees when these procedures are
not specified in an applicable collective bargaining agreement. No
employee or employee organization shall be held liable for any act or
omission in connection with a health and safety committee.
(h) The employer's injury prevention program, as required by this
section, shall cover all of the employer's employees and all other
workers who the employer controls or directs and directly supervises
on the job to the extent these workers are exposed to worksite and
job assignment specific hazards. Nothing in this subdivision shall
affect the obligations of a contractor or other employer that
controls or directs and directly supervises its own employees on the
(i) When a contractor supplies its employee to a state agency
employer on a temporary basis, the state agency employer may assess a
fee upon the contractor to reimburse the state agency for the
additional costs, if any, of including the contract employee within
the state agency's injury prevention program.
(j) (1) The division shall prepare a Model Injury and Illness
Prevention Program for Non-High-Hazard Employment, and shall make
copies of the model program prepared pursuant to this subdivision
available to employers, upon request, for posting in the workplace.
An employer who adopts and implements the model program prepared by
the division pursuant to this paragraph in good faith shall not be
assessed a civil penalty for the first citation for a violation of
this section issued after the employer's adoption and implementation
of the model program.
(2) For purposes of this subdivision, the division shall establish
a list of non-high-hazard industries in California. These
industries, identified by their Standard Industrial Classification
Codes, as published by the United States Office of Management and
Budget in the Manual of Standard Industrial Classification Codes,
1987 Edition, are apparel and accessory stores (Code 56), eating and
drinking places (Code 58), miscellaneous retail (Code 59), finance,
insurance, and real estate (Codes 60-67), personal services (Code
72), business services (Code 73), motion pictures (Code 78) except
motion picture production and allied services (Code 781), legal
services (Code 81), educational services (Code 82), social services
(Code 83), museums, art galleries, and botanical and zoological
gardens (Code 84), membership organizations (Code 86), engineering,
accounting, research, management, and related services (Code 87),
private households (Code 88), and miscellaneous services (Code 89).
To further identify industries that may be included on the list, the
division shall also consider data from a rating organization, as
defined in Section 11750.1 of the Insurance Code, and all other
appropriate information. The list shall be established by June 30,
1994, and shall be reviewed, and as necessary revised, biennially.
(3) The division shall prepare a Model Injury and Illness
Prevention Program for Employers in Industries with Intermittent
Employment, and shall determine which industries have historically
utilized seasonal or intermittent employees. An employer in an
industry determined by the division to have historically utilized
seasonal or intermittent employees shall be deemed to have complied
with the requirements of subdivision (a) with respect to a written
injury prevention program if the employer adopts the model program
prepared by the division pursuant to this paragraph and complies with
any instructions relating thereto.
(k) With respect to any county, city, city and county, or
district, or any public or quasi-public corporation or public agency
therein, including any public entity, other than a state agency, that
is a member of, or created by, a joint powers agreement, subdivision
(d) shall not apply.
(l) Every workers' compensation insurer shall conduct a review,
including a written report as specified below, of the injury and
illness prevention program (IIPP) of each of its insureds with an
experience modification of 2.0 or greater within six months of the
commencement of the initial insurance policy term. The review shall
determine whether the insured has implemented all of the required
components of the IIPP, and evaluate their effectiveness. The
training component of the IIPP shall be evaluated to determine
whether training is provided to line employees, supervisors, and
upper level management, and effectively imparts the information and
skills each of these groups needs to ensure that all of the insured's
specific health and safety issues are fully addressed by the
insured. The reviewer shall prepare a detailed written report
specifying the findings of the review and all recommended changes
deemed necessary to make the IIPP effective. The reviewer shall be or
work under the direction of a licensed California professional
engineer, certified safety professional, or a certified industrial