House Bill #6018 (2021)

AN ACT RELATING TO HEALTH AND SAFETY -- HOSPITAL WORKPLACE VIOLENCE PROTECTION ACT

Establishes procedures for employees to file complaints with a hospital or the director of department of health, for assaultive behavior or violation of law occurring on hospital grounds/requires hospitals to institute safety training for employees.

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  • 2021 – H 6018
  • 2021 – H 6018 SUBSTITUTE A
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  • LC002180
  • LC002180/SUB A
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  • S TATE OF RHODE IS LAND
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – HOSPITAL WORKPLACE VIOLENCE
  • PROTECTION ACT
  • Introduced By: Representative Katherine S. Kazarian
  • Date Introduced: February 26, 2021
  • Referred To: House Health & Human Services
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Title 23 of the GeneralLaws entitled "Health and Safety" is herebyamended by adding thereto the following chapter:
  • CHAPTER 17.28
  • HOSPITAL WORKPLACE VIOLENCE PROTECTION ACT
  • 23-17.28-1. Short title.
  • This chapter shall be known and may be cited as the "Hospital Workplace Violence Protection Act."
  • 23-17.28-2. Definitions.
  • When used in this chapter:
  • (1) "Director" means the director of the Rhode Island department of health.
  • (2) "Hospital" means anyinstitutional health service provider, facility, or institution, place, building, agency, or portion thereof, whether a partnership or corporation, whether public or private, whether organized for profit or not, used, operated, or engaged in providing health care services.
  • (3) "Workplace violence" means any actof violence or threatof violence that occurs ata hospital, as that term is defined in chapter 17 of title 23, exceptfor a lawful actof self-defense or defense of another. The term includes, without limitation, the use or threatened use of physical force against an employee or other provider of care,regardless of whether the employee or other provider of care is physically or psychologically injured.
  • (3) "Workplace violence" means any actof violence or threatof violence that occurs ata hospital, except for a lawful act of self-defense or defense of another. The term includes, without limitation, the useor threateneduse of physical forceagainst anemployee or other provider of care, regardless of whether the employee or other provider of care is physically or psychologically injured.
  • 23-17.28-3. Notification of incident.
  • (a) Anyhospital employee may notify their employer of anyviolation of law, regulation or standardpertaining to safetyand health in the place of employment, atanytime anemployee learns of a violation.
  • (b) Alternatively, any employee or representative of the employee may complain to the director, or any authorized representative of the director, regarding anyviolation of law, regulation or standard pertaining to safetyand health in their place of employment, regardless of whether or not the employee has also notified or notifies their employer.
  • (c) Upon receiptof an employee complaint, the director shall make inquiries, inspections, and investigations that the director considers reasonable and appropriate. When an employee or representative of the employee has complained in writing of an alleged violation and the director, after investigation, determines that no action will or should be taken against the employer, the director shall furnish to the employee or representative of the employee, upon written request, a statement of the reasons for the decision.
  • (b) Any employee or representative of the employee may complain to the director, or any authorized representative of the director, regarding any violation of law, regulation or standard pertaining to safety and health in their place of employment, regardless of whether or not the employee has also notified or notifies their employer.
  • (c) Upon receipt of anemployee complaint, the director shall notify the hospital, adhering to confidentiality requests pursuant to subsection (d) of this section, and make inquiries, inspections, and investigations that the director considers reasonable and appropriate. When an employee or representative of the employee has complained in writing of an alleged violation and the director, after investigation, determines that no action will or should be taken against the employer, the director shallfurnish tothe employee or representative of the employee, upon written request, a statement of the reasons for the decision.
  • (d) The director shall establish procedures for keeping confidential the identity of any employee who requests protection of their identity in writing. When a request for confidentiality has beenmade, neither a written complaint from an employee, or representative of the employee, nor anymemorandum, report, or anyother writing containing the identity of a complainant maybe disclosed.
  • 23-17.28-4. Retaliation prohibited.
  • Itis anunlawful employment practice for anypersonto bar or discharge from employment or otherwise discriminate against any employee or prospective employee because the employee or prospective employee has:
  • (1) Made any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified, or is about to testify in any such proceeding; or
  • (2) In good faith reported an assault that occurred on the premises of a hospital.
  • 23-17.28-5. Safety assessments – preventive programs.
  • (a) Allhospitals licensed in the state of Rhode Island shall:
  • (1) Create a workplace safetycommittee which shall conduct periodic security and safety assessments to identify existing or potential hazards for assaults committed against employees;
  • (2) Develop and implement an assault prevention and protection program for employees based on assessments conducted under subsection (a)(1) of this section; and
  • (3) Provide assault prevention and protection training on a regular and ongoing basis for
  • LC002180 - Page 2of 6 employees.
  • LC002180/SUB A - Page 2of 6
  • (3) Provide assault prevention and protection training on a regular and ongoing basis for employees.
  • (b) An assessmentconductedunder subsection (a)(1) of this section shallinclude, but need not be limited to:
  • (1) Keeping trackof the frequency of assaults committed against employees that occur on the premises of the hospital; and
  • (2) Identifying the causes and consequences of assaults against employees.
  • (c)Anassaultprevention andprotection program developed andimplemented bya hospital under subsection (a)(2) of this section shall be basedon anassessmentconductedunder subsection (a)(1) of this section and shall address security considerations related to the following:
  • (1) Physicalattributes of the hospital setting;
  • (2) Staffing plans, including security staffing;
  • (3) Personnelpolicies;
  • (4) First aid and emergency procedures;
  • (5) Procedures for reporting assaults; and
  • (6) Education and training for employees.
  • (d) Assault prevention and protection training required under subsection (a)(3) of this section shall address the following topics:
  • (1) Generalsafety and personalsafety procedures;
  • (2) Escalation cycles for assaultive behaviors;
  • (3) Factors that predict assaultive behaviors;
  • (4) Techniques for obtaining medical history from a patient with assaultive behavior;
  • (5) Verbaland physical techniques to de-escalate and minimize assaultive behaviors;
  • (6) Strategies for avoiding physical harm and minimizing use of restraints;
  • (7) Restraint techniques consistent with regulatory requirements;
  • (8) Self-defense, including:
  • (i) The amount of physical force that is reasonably necessarytoprotect the employee or a third person from assault; and
  • (ii) The use of the least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, and any other methods of response approved by the hospital;
  • (9) Procedures for documenting and reporting incidents involving assaultive behaviors;
  • (10) Programs for post-incident counseling for employees affected by the assaultive behavior and follow-ups as needed;
  • LC002180/SUB A - Page 3of 6
  • (11) Resources available to employees for coping with assaults; and
  • LC002180 - Page 3of 6
  • (12) The hospital's workplace assault prevention and protection program.
  • (e) Hospitals shall provide assault prevention and protection training to a new employee within ninety (90) days of the employee's initial hiring date.
  • (f) A hospital employer may use classes, video recordings, brochures, verbal or written training, or any other training that the employer determines to be appropriate, based on an employee's job duties, under the assault prevention and protection program developed by the employer.
  • (g) At least once every two (2) years, a hospital shall establish, in coordination with the hospital's workplace safety committee, a process by which the committee shall review the hospital's assault prevention andprotection program developed and implemented under subsection (a)(2) of this section in order to evaluate the efficacyof the program and consider any changes to the program.
  • 23-17.28-6. Retention of records.
  • (a) A hospital shall maintain a record of assaults committed against employees that occur on the premises of the hospital. The record shall include, but neednot be limited to, the following:
  • (a) A hospital shall maintain a record of assaults committed against employees that occur on the premises of the hospital. The recordshall include, but neednot be limited to, the following:
  • (1) The name of the hospitaland address of the premises on which each assault occurred;
  • (2) The date, time and specific location where the assault occurred;
  • (3) The name, job title, and department or unit assignment of the employee who was assaulted;
  • (4) A physical description andidentity, if known, of the personwhocommitted the assault, and whether the assailant was a patient, visitor, employee or other category;
  • (5) A description of the assaultive behavior as:
  • (i) An assault with mild soreness, surface abrasions, scratches or smallbruises;
  • (ii) An assault with major soreness, cuts or large bruises;
  • (iii) An assault with severe lacerations, a bone fracture or a head injury; or
  • (iv) An assault with loss of limb or death;
  • (6) A description of the physical injury;
  • (7) A description of any weapon used;
  • (8) The number of employees and witnesses in the immediate area of the assault when it occurred; and
  • (9) A description of actions taken by the employees and the hospital in response to the assault.
  • (b) A hospital shall maintain the records generated as a result of compliance with subsection (a) of this section for no fewer than five (5) years following any reported incident.
  • LC002180 - Page 4of 6
  • (c) Upon the request of an employee or of a workplace safety committee conducting a review,the hospital shallgenerateandmakeavailable tothe requesting partya full reportincluding:
  • (1) The information in the record required under subsection (a) of this section; and
  • (b) A hospital shall maintain the records generated as a result of compliance with
  • LC002180/SUB A - Page 4of 6 subsection (a) of this section for no fewer than five (5) years following any reported incident.
  • (c) Upon the request of an employee directly involved in a reported incident, the hospital shall generateandmake available tothe requesting employee a full reportincluding the information in the record required under subsection (a), of this section.
  • (d) Upon the request of an employee representative or of a workplace safety committee conducting a review, the hospital shall generate and make available to the requesting party a full report including:
  • (1) The information in the record required under subsection (a) of this section excluding the name of the reporting employee; and
  • (2) Information regarding work-related injuries and illnesses recorded by the hospital to comply with applicable federalhealth and safety recordkeeping requirements.
  • (d) The director shall adopt by rule a common recording form for the purposes of this section.
  • SECTION 2. This act shalltake effect upon passage. ======== LC002180 ========
  • LC002180 - Page 5of 6
  • (e) The director shall adopt by rule a common recording form for the purposes of this section.
  • SECTION 2. This act shalltake effect on January 15, 2022.
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  • LC002180/SUB A
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  • LC002180/SUB A - Page 5of 6
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – HOSPITAL WORKPLACE VIOLENCE
  • PROTECTION ACT
  • ***
  • This actwould establish procedures for employees tofile complaints with a hospital or the director of department of health, for any assaultive behavior or other violation of law occurring on hospital grounds and require hospitals to institute safety training for employees.
  • This act would take effect upon passage. ======== LC002180 ========
  • LC002180 - Page 6of 6
  • This act would take effect on January 15, 2022. ======== LC002180/SUB A ========
  • LC002180/SUB A - Page 6of 6

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

May 07, 2019 at 4:42pm
Yeas: 69 / Nays: 0 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida NV
Rep. Alzate Y
Rep. Amore Y
Rep. Azzinaro NV
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Caldwell Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Cassar Y
Rep. Chippendale Y
Rep. Cortvriend Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Craven Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Handy NV
Rep. Hawkins Y
Rep. Hull Y
Rep. Jackson Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Kennedy Y
Rep. Kislak Y
Rep. Knight Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Lyle Y
Rep. Maldonado Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendez Y
Rep. Messier Y
Rep. Millea Y
Rep. Morin Y
Rep. Nardone Y
Rep. Newberry Y
Rep. Noret Y
Rep. O'Brien Y
Rep. Phillips Y
Rep. Place Y
Rep. Price NV
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serodio Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Speakman NV
Rep. Tanzi Y
Rep. Tobon NV
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y