Pennsylvania HB 926: 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

PRIOR PRINTER'S NO. 974 PRINTER'S NO. 1597
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 926
Session of
2025
INTRODUCED BY KRUEGER, KOSIEROWSKI, PROBST, CURRY, VENKAT,
McNEILL, HILL-EVANS, SANCHEZ, ISAACSON, PIELLI, GIRAL, KHAN,
DONAHUE, HOHENSTEIN, BOYD, KENYATTA, WEBSTER, D. WILLIAMS,
O'MARA, MALAGARI, RIVERA, CIRESI, DEASY, WARREN, CERRATO,
DOUGHERTY, MULLINS, SCHLOSSBERG, BOROWSKI, NEILSON, WAXMAN,
MAYES, OTTEN, PARKER, ORTITAY, DALEY, SAPPEY, SMITH-WADE-EL,
T. DAVIS, MADDEN, FIEDLER, MEHAFFIE AND K.HARRIS,
MARCH 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
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.
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"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual who is employed by a health
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).
"NONMANAGEMENT." CONCERNING AN EMPLOYEE WHO DOES NOT HAVE
THE AUTHORITY TO EXERCISE INDEPENDENT JUDGMENT IN THE AREAS OF
HIRING, FIRING, DISCIPLINING OR TRANSFERRING OTHER EMPLOYEES.
"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
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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 NONMANAGEMENT employees primarily engaged in
direct patient care or clinical care services or employees
who interface with the public. The committee shall have a
proportional representation of union employees, selected by
their union, and nonunion employees, NONMANAGEMENT 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.
(4) THE COMMITTEE SHALL CONSIST OF AN EQUAL NUMBER OF
MANAGEMENT AND NONMANAGEMENT EMPLOYEES. NONMANAGEMENT MEMBERS
MUST MIRROR THE DEPARTMENTS AND UNITS THAT MANAGEMENT
DESIGNATES AS MEMBERS 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
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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 pro