Pennsylvania SB 709: An Act providing for violence prevention committees in health facilities, for duties of committees, for workplace violence reporting requirements and for powers and duties of the Department of Labor and Industry; and imposing fines and administrative penalties.

Bill Text

PRINTER'S NO. 745
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 709
Session of
2025
INTRODUCED BY KANE, COLLETT, HUGHES, TARTAGLIONE, SCHWANK,
KEARNEY, COSTA, HAYWOOD, COMITTA, SAVAL, STREET, CAPPELLETTI,
FLYNN AND MILLER, MAY 5, 2025
REFERRED TO LABOR AND INDUSTRY, MAY 5, 2025
AN ACT
Providing for violence prevention committees in health
facilities, for duties of committees, for workplace violence
reporting requirements and for powers and duties of the
Department of Labor and Industry; and imposing fines and
administrative penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Health Care
Workplace Violence Prevention Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The violence prevention committee established
by a health facility under this act.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who is employed by a health
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facility.
"Health facility." A hospital, long-term care nursing
facility, home health care agency, abortion facility, ambulatory
surgical facility, birth center or hospice, as those terms are
defined in section 802.1 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act. The term
includes a private psychiatric hospital and public psychiatric
hospital as those terms are defined in 55 Pa. Code § 1151.2
(relating to definitions).
"Program." The workplace violence prevention program
established by a committee.
"Workplace violence." Violence or the threat of violence
against an employee that occurs during the course of employment
or is substantially related to employment.
Section 3. Violence prevention committee.
(a) Establishment.--Each health facility shall establish a
violence prevention committee to establish, review, administer
and provide guidance about a program relating to the prevention
of workplace violence at the health facility.
(b) Membership.--The committee shall be composed as follows:
(1) At least one member or designee of the committee
shall represent management and oversee implementation of the
program. The committee shall be led by two cochairs, one
representing management and one representing the union
employees and nonunion employees in the case of a health
facility that has no union representing its employees.
(2) At least 50% of the members of the committee shall
be nonmanagerial employees primarily engaged in direct
patient care or clinical care services or employees who
interface with the public. The committee shall have a
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proportional representation of union employees, selected by
their union, and nonunion employees, elected by secret ballot
by their peers. The proportional representation shall
incorporate all employees at risk of becoming a victim of
workplace violence and shall include representation from all
main areas of the health facility that may be subject to
workplace violence.
(3) The remaining members of the committee shall be
selected by management and shall have experience, expertise
or responsibility relevant to violence prevention or other
expertise that is considered beneficial to the committee.
(c) Compensation.--A health facility shall provide paid time
to employees while the employees are participating in the
violence prevention committee.
Section 4. Duties of committee.
(a) Risk assessment evaluation.--
(1) Except as provided under paragraph (2), each
committee shall perform an initial risk assessment based on
an analysis of incidents of the prior five years and then
annually thereafter, as well as an evaluation of the factors
that may put an employee at risk of workplace violence. Those
factors shall include, but not be limited to:
(i) Working in a public setting.
(ii) Guarding or maintaining property or
possessions.
(iii) Working in a high-crime area.
(iv) Working late at night or early in the morning.
(v) Using commuter lots that are not adequately lit
or frequently patrolled.
(vi) The existence of uncontrolled public access to
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the workplace.
(vii) Working in a public area with individuals in
crisis.
(viii) Working in an area where a patient or
resident may exhibit violent behavior or where there has
been a pattern of violent behavior.
(ix) Working in a unit that does not have adequate
employee staffing levels.
(x) The existence or availability of a security
response team that is able to rapidly and effectively
respond to incidents of workplace violence.
(xi) Adequate training of employees to deal with
incidents of workplace violence.
(xii) The ph