Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 363Introduced by Senator PanFebruary 20, 2019 An act to amend Section 6401.8 of add Section 6401.9 to the Labor Code, relating to workplace safety. LEGISLATIVE COUNSEL'S DIGESTSB 363, as amended, Pan. Workplace safety: hospitals. safety. Existing(1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division that require specified hospitals to adopt a workplace violence prevention plan, which is required to contain certain elements. Existing law excepts hospitals operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation from these requirements. relating to workplace violence prevention plans at hospitals.This bill would eliminate the exception granted to hospitals require any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation, as described above. The bill would also require the standards board to include in its standards, as described above, a requirement that hospitals operated by these state entities Rehabilitation to report the total number of violent incidents monthly to the bargaining unit of an employee affected by an incident. incident and to the appropriate office of the department operating the facility. The bill would also require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents.SECTION 1.Section 6401.8 of the Labor Code is amended to read:6401.8.(a)The standards board, no later than July 1, 2016, shall adopt standards developed by the division that require a hospital licensed pursuant to subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code to adopt a workplace violence prevention plan as a part of its injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.(b)The standards adopted pursuant to subdivision (a) shall include all of the following:(1)A requirement that the workplace violence prevention plan be in effect at all times in all patient care units, including inpatient and outpatient settings and clinics on the hospitals license.(2)A definition of workplace violence that includes, but is not limited to, both of the following:(A)The use of physical force against a hospital employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.(3)A requirement that a workplace violence prevention plan include, but not be limited to, all of the following:(A)Personnel education and training policies that require all health care workers who provide direct care to patients to, at least annually, receive education and training that is designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan. The education and training shall cover topics that include, but are not limited to, the following topics:(i)How to recognize potential for violence, and when and how to seek assistance to prevent or respond to violence.(ii)How to report violent incidents to law enforcement.(iii)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.(B)A system for responding to, and investigating violent incidents and situations involving violence or the risk of violence.(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, the following factors:(i)Staffing, including staffing patterns and patient classification systems that contribute to, or are insufficient to address, the risk of violence.(ii)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.(iii)Job design, equipment, and facilities.(iv)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 such as employee parking areas.(4)A requirement that all workplace violence prevention plans be developed in conjunction with affected employees, including their recognized collective bargaining agents, if any.(5)A requirement that all temporary personnel be oriented to the workplace violence prevention plan.(6)Provisions prohibiting hospitals from disallowing an employee from, or taking punitive or retaliatory action against an employee for, 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 period of five years, a written record of any violent incident against a hospital employee, regardless of whether the employee sustains an injury, and regardless of whether the report is made by the employee who is the subject of the violent incident or any other employee.(8)A requirement that a hospital report violent incidents to the division. If the incident results in injury, involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent threat to the welfare, health, or safety of hospital personnel, the hospital shall report the incident to the division within 24 hours. All other incidents of violence shall be reported to the division within 72 hours.(9)(A)A requirement that a licensed hospital operated by the State Department of State Hospitals, the State Department of Developmental of Services, or the Department of Corrections and Rehabilitation report monthly the total number of violent incidents to the bargaining unit of an employee affected by an incident. Each department shall also report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault and job classification of any affected represented employee. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(B)A report submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.(c)By January 1, 2017, and annually thereafter, the division, in a manner that protects patient and employee confidentiality, shall post a report on its internet website containing information regarding violent incidents at hospitals, that includes, but is not limited to, the total number of reports, and which specific hospitals filed reports, pursuant to paragraph (8) of subdivision (b), the outcome of any related inspection or investigation, the citations levied against a hospital based on a violent incident, and recommendations of the division on the prevention of violent incidents at hospitals.(d)This section does not limit the authority of the standards board to adopt standards to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require other employers, including, but not limited to, employers exempted from this section by subdivision (d), to adopt plans to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require an employer subject to this section, or any other employer, to adopt a workplace violence prevention plan that includes elements or requirements additional to, or broader in scope than, those described in this section.
Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 363Introduced by Senator PanFebruary 20, 2019 An act to amend Section 6401.8 of add Section 6401.9 to the Labor Code, relating to workplace safety. LEGISLATIVE COUNSEL'S DIGESTSB 363, as amended, Pan. Workplace safety: hospitals. safety. Existing(1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division that require specified hospitals to adopt a workplace violence prevention plan, which is required to contain certain elements. Existing law excepts hospitals operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation from these requirements. relating to workplace violence prevention plans at hospitals.This bill would eliminate the exception granted to hospitals require any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation, as described above. The bill would also require the standards board to include in its standards, as described above, a requirement that hospitals operated by these state entities Rehabilitation to report the total number of violent incidents monthly to the bargaining unit of an employee affected by an incident. incident and to the appropriate office of the department operating the facility. The bill would also require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate March 25, 2019
Amended IN Senate March 25, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 363
Introduced by Senator PanFebruary 20, 2019
Introduced by Senator Pan
February 20, 2019
An act to amend Section 6401.8 of add Section 6401.9 to the Labor Code, relating to workplace safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 363, as amended, Pan. Workplace safety: hospitals. safety.
Existing(1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division that require specified hospitals to adopt a workplace violence prevention plan, which is required to contain certain elements. Existing law excepts hospitals operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation from these requirements. relating to workplace violence prevention plans at hospitals.This bill would eliminate the exception granted to hospitals require any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation, as described above. The bill would also require the standards board to include in its standards, as described above, a requirement that hospitals operated by these state entities Rehabilitation to report the total number of violent incidents monthly to the bargaining unit of an employee affected by an incident. incident and to the appropriate office of the department operating the facility. The bill would also require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existing
(1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division that require specified hospitals to adopt a workplace violence prevention plan, which is required to contain certain elements. Existing law excepts hospitals operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation from these requirements. relating to workplace violence prevention plans at hospitals.
This bill would eliminate the exception granted to hospitals require any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation, as described above. The bill would also require the standards board to include in its standards, as described above, a requirement that hospitals operated by these state entities Rehabilitation to report the total number of violent incidents monthly to the bargaining unit of an employee affected by an incident. incident and to the appropriate office of the department operating the facility. The bill would also require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties.
(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents.SECTION 1.Section 6401.8 of the Labor Code is amended to read:6401.8.(a)The standards board, no later than July 1, 2016, shall adopt standards developed by the division that require a hospital licensed pursuant to subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code to adopt a workplace violence prevention plan as a part of its injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.(b)The standards adopted pursuant to subdivision (a) shall include all of the following:(1)A requirement that the workplace violence prevention plan be in effect at all times in all patient care units, including inpatient and outpatient settings and clinics on the hospitals license.(2)A definition of workplace violence that includes, but is not limited to, both of the following:(A)The use of physical force against a hospital employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.(3)A requirement that a workplace violence prevention plan include, but not be limited to, all of the following:(A)Personnel education and training policies that require all health care workers who provide direct care to patients to, at least annually, receive education and training that is designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan. The education and training shall cover topics that include, but are not limited to, the following topics:(i)How to recognize potential for violence, and when and how to seek assistance to prevent or respond to violence.(ii)How to report violent incidents to law enforcement.(iii)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.(B)A system for responding to, and investigating violent incidents and situations involving violence or the risk of violence.(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, the following factors:(i)Staffing, including staffing patterns and patient classification systems that contribute to, or are insufficient to address, the risk of violence.(ii)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.(iii)Job design, equipment, and facilities.(iv)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 such as employee parking areas.(4)A requirement that all workplace violence prevention plans be developed in conjunction with affected employees, including their recognized collective bargaining agents, if any.(5)A requirement that all temporary personnel be oriented to the workplace violence prevention plan.(6)Provisions prohibiting hospitals from disallowing an employee from, or taking punitive or retaliatory action against an employee for, 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 period of five years, a written record of any violent incident against a hospital employee, regardless of whether the employee sustains an injury, and regardless of whether the report is made by the employee who is the subject of the violent incident or any other employee.(8)A requirement that a hospital report violent incidents to the division. If the incident results in injury, involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent threat to the welfare, health, or safety of hospital personnel, the hospital shall report the incident to the division within 24 hours. All other incidents of violence shall be reported to the division within 72 hours.(9)(A)A requirement that a licensed hospital operated by the State Department of State Hospitals, the State Department of Developmental of Services, or the Department of Corrections and Rehabilitation report monthly the total number of violent incidents to the bargaining unit of an employee affected by an incident. Each department shall also report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault and job classification of any affected represented employee. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(B)A report submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.(c)By January 1, 2017, and annually thereafter, the division, in a manner that protects patient and employee confidentiality, shall post a report on its internet website containing information regarding violent incidents at hospitals, that includes, but is not limited to, the total number of reports, and which specific hospitals filed reports, pursuant to paragraph (8) of subdivision (b), the outcome of any related inspection or investigation, the citations levied against a hospital based on a violent incident, and recommendations of the division on the prevention of violent incidents at hospitals.(d)This section does not limit the authority of the standards board to adopt standards to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require other employers, including, but not limited to, employers exempted from this section by subdivision (d), to adopt plans to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require an employer subject to this section, or any other employer, to adopt a workplace violence prevention plan that includes elements or requirements additional to, or broader in scope than, those described in this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1. Section 6401.9 is added to the Labor Code, to read:
### SECTION 1.
6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
6401.9. (a) Any facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly the total number of violent incidents to the bargaining unit of each employee affected by an incident. The facility shall also report this information to the appropriate office of the department operating the facility. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault, job classification of any affected represented employee, and name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.
(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 2.
In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents.
(a)The standards board, no later than July 1, 2016, shall adopt standards developed by the division that require a hospital licensed pursuant to subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code to adopt a workplace violence prevention plan as a part of its injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.
(b)The standards adopted pursuant to subdivision (a) shall include all of the following:
(1)A requirement that the workplace violence prevention plan be in effect at all times in all patient care units, including inpatient and outpatient settings and clinics on the hospitals license.
(2)A definition of workplace violence that includes, but is not limited to, both of the following:
(A)The use of physical force against a hospital employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(3)A requirement that a workplace violence prevention plan include, but not be limited to, all of the following:
(A)Personnel education and training policies that require all health care workers who provide direct care to patients to, at least annually, receive education and training that is designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan. The education and training shall cover topics that include, but are not limited to, the following topics:
(i)How to recognize potential for violence, and when and how to seek assistance to prevent or respond to violence.
(ii)How to report violent incidents to law enforcement.
(iii)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(B)A system for responding to, and investigating violent incidents and situations involving violence or the risk of violence.
(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, the following factors:
(i)Staffing, including staffing patterns and patient classification systems that contribute to, or are insufficient to address, the risk of violence.
(ii)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(iii)Job design, equipment, and facilities.
(iv)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 such as employee parking areas.
(4)A requirement that all workplace violence prevention plans be developed in conjunction with affected employees, including their recognized collective bargaining agents, if any.
(5)A requirement that all temporary personnel be oriented to the workplace violence prevention plan.
(6)Provisions prohibiting hospitals from disallowing an employee from, or taking punitive or retaliatory action against an employee for, 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 period of five years, a written record of any violent incident against a hospital employee, regardless of whether the employee sustains an injury, and regardless of whether the report is made by the employee who is the subject of the violent incident or any other employee.
(8)A requirement that a hospital report violent incidents to the division. If the incident results in injury, involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent threat to the welfare, health, or safety of hospital personnel, the hospital shall report the incident to the division within 24 hours. All other incidents of violence shall be reported to the division within 72 hours.
(9)(A)A requirement that a licensed hospital operated by the State Department of State Hospitals, the State Department of Developmental of Services, or the Department of Corrections and Rehabilitation report monthly the total number of violent incidents to the bargaining unit of an employee affected by an incident. Each department shall also report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. The information reported shall include the date of the assault and job classification of any affected represented employee. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.
(B)A report submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(c)By January 1, 2017, and annually thereafter, the division, in a manner that protects patient and employee confidentiality, shall post a report on its internet website containing information regarding violent incidents at hospitals, that includes, but is not limited to, the total number of reports, and which specific hospitals filed reports, pursuant to paragraph (8) of subdivision (b), the outcome of any related inspection or investigation, the citations levied against a hospital based on a violent incident, and recommendations of the division on the prevention of violent incidents at hospitals.
(d)This section does not limit the authority of the standards board to adopt standards to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require other employers, including, but not limited to, employers exempted from this section by subdivision (d), to adopt plans to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require an employer subject to this section, or any other employer, to adopt a workplace violence prevention plan that includes elements or requirements additional to, or broader in scope than, those described in this section.