BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1299| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 1299 Page 2 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 CONTINUED SB 1299 Page 3 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 CONTINUED SB 1299 Page 4 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 CONTINUED SB 1299 Page 5 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 CONTINUED SB 1299 Page 6 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 CONTINUED SB 1299 Page 7 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 **** END **** CONTINUED SB 1299 Page 8 CONTINUED