Massachusetts H 1882: An Act to establish psychological workplace safety

Bill Text

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HOUSE DOCKET, NO. 2569 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1882

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jessica Ann Giannino and Carol A. Doherty
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to establish psychological workplace safety.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Jessica Ann Giannino 16th Suffolk 1/19/2023
Carol A. Doherty 3rd Bristol 1/21/2023
Michael D. Brady Second Plymouth and Norfolk 1/23/2023
Steven Owens 29th Middlesex 1/23/2023
Nick Collins First Suffolk 1/24/2023
Lindsay N. Sabadosa 1st Hampshire 1/27/2023
Lydia Edwards Third Suffolk 1/30/2023
Sally P. Kerans 13th Essex 2/1/2023
James C. Arena-DeRosa 8th Middlesex 2/1/2023
David Henry Argosky LeBoeuf 17th Worcester 2/1/2023
Patricia A. Duffy 5th Hampden 2/2/2023
Susannah M. Whipps 2nd Franklin 2/2/2023
Samantha Montaño 15th Suffolk 2/4/2023
Christopher Hendricks 11th Bristol 2/6/2023
Adrian C. Madaro 1st Suffolk 2/6/2023
Patrick M. O'Connor First Plymouth and Norfolk 2/7/2023
James K. Hawkins 2nd Bristol 2/8/2023
David Allen Robertson 19th Middlesex 2/8/2023

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Tricia Farley-Bouvier 2nd Berkshire 2/8/2023
Natalie M. Higgins 4th Worcester 2/9/2023
Natalie M. Higgins 4th Worcester 2/9/2023
Christine P. Barber 34th Middlesex 2/9/2023
Kate Donaghue 19th Worcester 2/14/2023
Edward R. Philips 8th Norfolk 2/14/2023
Daniel M. Donahue 16th Worcester 2/15/2023
James Arciero 2nd Middlesex 2/15/2023
James B. Eldridge Middlesex and Worcester 2/16/2023
Mathew J. Muratore 1st Plymouth 2/16/2023
Rodney M. Elliott 16th Middlesex 2/16/2023
Daniel Cahill 10th Essex 2/17/2023
Patrick Joseph Kearney 4th Plymouth 2/22/2023
Shirley B. Arriaga 8th Hampden 2/22/2023
Simon Cataldo 14th Middlesex 2/24/2023
Danillo A. Sena 37th Middlesex 2/28/2023
Angelo J. Puppolo, Jr. 12th Hampden 3/2/2023
Michelle M. DuBois 10th Plymouth 3/2/2023
Thomas M. Stanley 9th Middlesex 3/12/2023
Michael P. Kushmerek 3rd Worcester 3/16/2023
Jason M. Lewis Fifth Middlesex 3/22/2023
Estela A. Reyes 4th Essex 3/28/2023
David F. DeCoste 5th Plymouth 3/30/2023
Adrianne Pusateri Ramos 14th Essex 4/3/2023
Margaret R. Scarsdale 1st Middlesex 4/5/2023
Antonio F. D. Cabral 13th Bristol 5/31/2023
Carmine Lawrence Gentile 13th Middlesex 7/10/2023
John F. Keenan Norfolk and Plymouth 8/2/2023
Vanna Howard 17th Middlesex 10/31/2023

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HOUSE DOCKET, NO. 2569 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1882
By Representatives Giannino of Revere and Doherty of Taunton, a petition (accompanied by bill,
House, No. 1882) of Jessica Ann Giannino, Carol A. Doherty and others relative to
psychological abuse workplace safety. Labor and Workforce Development.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________

An Act to establish psychological workplace safety.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the
2 following section:-
3 Section 204. (a) For the purposes of this section the following words shall, unless the
4 context clearly requires otherwise, have the following meanings:
5 “Bullying”, interpersonal abuse that operates employee to employee, especially superior
6 to subordinate.
7 “Employee”, any person who renders services to an employer and receives compensation
8 for them including, full and part time paid employees, temporary employees and independent
9 contractors.
10 “Employer”, a person or entity who obtains services from an employee and hires
11 employees for any compensation.

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12 “Mobbing”, interpersonal abuse that operates employer to employee.
13 “Physical injury”, impairment of a person’s physical health or bodily integrity as
14 established by competent evidence.
15
16 “Psychological abuse”, mentally provocative harassment or mistreatment that has the
17 effect of hurting, weakening, confusing or frightening a person mentally or emotionally.
18 “Psychological injury”, impairment of a person’s mental health as established by
19 competent evidence.
20 “Reasonable person”, an unbiased person who displays reason, fairness, caution and care.
21 “Representative employee”, administrative employees in leadership or management
22 positions whose responsibility is to oversee and enforce organizational policies including, but not
23 limited to, chief executive officers, chief financial officer, presidents, vice presidents, executive
24 directors, members of a board of directors or employees in human resources.
25 “Third party”, a neutral person with no prior affiliation with the parties.
26 “Toxic work environment”, an intolerable employment c