BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1299
          Author:   Padilla (D)
          Amended:  5/27/14
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE  :  4-1, 4/24/14
          AYES:  Hueso, Leno, Padilla, Mitchell
          NOES:  Wyland

           SENATE HEALTH COMMITTEE  :  5-1, 4/30/14
          AYES:  Hernandez, De León, DeSaulnier, Evans, Monning
          NOES:  Morrell
          NO VOTE RECORDED:  Beall, Nielsen, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/23/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines


           SUBJECT  :    Workplace violence prevention plans

           SOURCE  :     California Nurses Association


           DIGEST  :    This bill requires the Occupational Safety and Health  
          Standards Board (Cal/OSHA), no later than July 1, 2015, to adopt  
          standards that require specified hospitals to adopt a workplace  
          violence prevention plan as part of their injury and illness  
          prevention plan to protect health care workers and other  
          facility personnel from aggressive and violent behavior.

           ANALYSIS  :    Existing law provides a framework for the  
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          protection of the occupational safety and health of employees  
          through Cal/OSHA, in the Department of Industrial Relations.   
          The California Occupational Safety and Health Act of 1973,  
          establishes certain safety and other responsibilities of  
          employers and employees necessary to render the employment safe.  


          Under existing law, California employers are required to  
          establish, implement and maintain an effective written,  
          industry-specific Illness and Injury Prevention Program (IIPP)  
          that contains certain mandatory provisions as part of an effort  
          to reduce workplace injuries.  The IIPP shall include, among  
          other things, the employer's:

           1. System for identifying and evaluating workplace hazards,  
             including scheduled periodic inspections.

           2. Methods and procedures for correcting unsafe or unhealthy  
             conditions and work practices in a timely manner.

           3. Training program designed to provide instruction with  
             respect to hazards specific to each employee's job  
             assignment.

           4. System for communicating with employees on health and safety  
             matters, including provisions designed to encourage employees  
             to inform the employer of hazards at the worksite without  
             fear of reprisal.  

          Existing law requires every employer to file a complete report  
          with Cal/OSHA of every occupational injury or occupational  
          illness which results in lost time beyond the date of the injury  
          or illness, or which requires medical treatment beyond first  
          aid.  In addition to this report, in every case involving a  
          serious injury or illness, or death, the employer is required to  
          make an immediate report to Cal/OSHA by telephone.  Failure to  
          file this report as required deems an employer guilty of a  
          misdemeanor punishable by up to six months in a county jail  
          and/or a $5,000 fine. 

          Existing law, under Health and Safety Code, requires hospitals  
          to conduct an annual security and safety assessment, and using  
          that assessment, develop and annually update a security plan  
          with measures to protect personnel, patients, and visitors from  

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          aggressive or violent behavior.  Additionally, existing law  
          requires hospitals to include in the plan:

           1. Specified security considerations, including those relating  
             to staffing, security personnel availability, education and  
             training related to appropriate responses to violent acts.

           2. Efforts to cooperate with local law enforcement when  
             incidents occur. 

           3. A consultation process with affected employees, including  
             the recognized collective bargaining agent, if any.

           4. A report to local law enforcement within 72 hours, any act  
             of assault or battery, as defined, which results in injury or  
             involves the use of a firearm or other dangerous weapon  
             against any on-duty hospital personnel.  

          Existing law establishes a structure under which the Department  
          of Public Health (DPH) is permitted to assess administrative  
          fines to hospitals for violation of any of their licensing laws  
          and regulations.  

          This bill requires Cal/OSHA no later than July 1, 2015, to adopt  
          standards developed by Cal/OSHA that require specified hospitals  
          to adopt a workplace violence prevention plan as part of their  
          injury and illness prevention plan to protect health care  
          workers and other facility personnel from aggressive and violent  
          behavior.  

          This bill exempts state-run hospitals from provisions of this  
          bill.

          This bill requires that the standards adopted include provisions  
          requiring:

          1. A definition of workplace violence, as specified.

          2. A workplace violence prevention plan that includes, but not  
             be limited to, the following:

             A.    Personnel education and training policies, to be  
                conducted at least annually, that require all health  
                care workers who provide direct care to patients to  

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                learn how to recognize potential for violence, how to  
                seek assistance and report violent incidents to law  
                enforcement, and information on resources available for  
                coping with incidents of violence. 

             B.    A system for responding to, and investigating violent  
                incidents and situations. 


             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:


                (1)      Staffing;


                (2)      Sufficiency of security systems, including  
                   security personnel availability;


                (3)      Job design, equipment and facilities; and

                (4)      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. 

          3. That workplace violence prevention plans be in effect at all  
             times in all patient care units.

          4. That all workplace violence prevention plans be developed in  
             conjunction with affected employees, including their  
             recognized collective bargaining agents, if any.

          5. That all temporary personnel be oriented to the plan.

          6. Provisions prohibiting hospitals from disallowing an employee  
             from (or taking punitive or retaliatory action against)  
             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  
             five-year period, a written record of any violent incident  

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             against an employee.

          8. Hospital to report violent incidents to Cal/OSHA:

             A.    Within 24 hours if it resulted in injury due to the use  
                of a firearm or other dangerous weapon or if the incident  
                presents an urgent/emergent threat; or

             B.    Within 72 hours for all other incidents of violence.

          9. By January 1, 2017, and annually thereafter, Cal/OSHA must  
             post a report on its web site containing information  
             regarding violent incidents at hospitals, including any  
             reports filed and the citations levied against the hospital  
             for any violent incidents.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee, the Department  
          of Industrial Relations will incur costs of $375,000 in the  
          first year and $268,000 ongoing (Occupational Safety and Health  
          Fund), related to (1) information technology costs for the  
          internet-based portal reporting requirement, and (2) additional  
          rulemaking.

           SUPPORT  :   (Verified  5/27/14)

          California Nurses Association (source)
          California Industrial Hygiene Council
          Consumer Attorneys of California 
          LIUNA Locals 777 & 792

           OPPOSITION  :    (Verified  5/27/14)

          Association of California Healthcare Districts 
          California Hospital Association

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          violence in health care settings is a continuing national  
          problem, and the risk of workplace violence is a serious  
          occupational hazard for health care workers.  The author's  
          office cites a finding from the U.S. Bureau of Labor Statistics,  
          which states that a worker in health care and social assistance  

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          is nearly five times more likely to be the victim of a nonfatal  
          assault or violent act by another person than the average worker  
          in all other major industries combined.  In 2007, nearly 60% of  
          all nonfatal assaults and violent acts by persons occurred in  
          the health care and social assistance industry.  The fatal  
          injury rate between 2003 and 2007 was twice the average rate for  
          workers in all industries combined.

          According to the sponsor, the California Nurses Association  
          (CNA), these findings are consistent with plentiful anecdotal  
          evidence from RNs and other health care workers throughout the  
          state who have expressed worry and frustration over inadequate  
          protections from violence in their workplace. Concerns that,  
          they argue, reached a fever pitch near the end of October 2010,  
          when Cynthia Palomata, an RN at Contra Costa County's Martinez  
          correctional facility was violently assaulted and killed by an  
          inmate while attempting to provide him care.  CNA argues that  
          her death has sparked a public outcry over the safety of RNs and  
          other health care workers, and called into question the efforts  
          of employers to have in place standards and policies that ensure  
          the safety and security of its workers. 

          The author's office and proponents believe that by requiring  
          Cal/OSHA to adopt standards addressing workplace violence in  
          hospitals, this bill puts forth reasonable provisions that  
          enhance safety and security protections for the healthcare labor  
          force.  Additionally, the author's office states that at least  
          16 states have enacted laws aimed at addressing workplace  
          violence against health care workers.  The requirements among  
          these laws vary widely, ranging from requiring health facilities  
          to have safety and security plans, establishing fair leave  
          policies to employee victims, and increasing criminal penalties  
          for assaults against health care workers.

           ARGUMENTS IN OPPOSITION  :    According to opponents, California  
          hospitals take very seriously the duty of providing a safe,  
          healthy environment for patients as well as staff and argue that  
          this bill is simply unnecessary as (1) existing law requires  
          hospitals to adopt and implement a comprehensive workplace  
          violence prevention plan; (2) Cal/OSHA already has jurisdiction  
          to investigate, remedy and enforce situations involving  
          workplace violence; and (3) the sponsor of this bill, the  
          California Nurses Association, has initiated the regulatory  
          process with Cal/OSHA. Additionally, they argue that DPH already  

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          reviews the adequacy of these workplace violence prevention  
          plans and evaluates compliance.  If problems are found, then  
          hospitals would be subject to administrative penalties. 

          According to opponents, the training requirements in this bill  
          duplicate existing law and unreasonably expand the scope.   
          Currently, hospitals are required to provide annual training for  
          staff in the emergency department (ED) as well as any high risk  
          areas as identified in the security assessment.  This bill  
          requires training for all direct patient care employees rather  
          than only those in high risk areas, a provision that, they  
          argue, creates a significant unfunded mandate without any  
          evidence of a corresponding benefit and does not allow hospitals  
          the ability to allocate training resources appropriately. 

          Additionally, opponents argue that the prohibition on a  
          hospital's ability to direct employees to contact internal  
          security staff rather than local emergency services or law  
          enforcement is not in the best interest of employee safety or  
          patient care because contacting internal security can provide  
          the assistance and support needed in a timelier manner.  They  
          also argue that some in some units, such as a psychiatric unit,  
          the presence of uniformed officers can be detrimental to patient  
          care.  Thus, they argue, it is not unreasonable to expect  
          employees to use a chain of command to ensure that the proper  
          resource is used and if law enforcement is called in, they know  
          where to go and can partner with the hospital security  
          personnel. 

          Lastly, opponents believe that this bill is duplicative of  
          current efforts already underway at the Cal/OSHA, where two  
          petitions have been filed requesting that regulations be  
          developed pertaining to workplace violence in healthcare.


          PQ:AL:d  5/27/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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