Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1917 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1791 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1917
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act requiring human service employers to develop and implement programs that prevent
13	13	workplace violence.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/18/2023 1 of 4
17	17	HOUSE DOCKET, NO. 1791 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1917
19	19	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1917) of
20	20	Jay D. Livingstone relative to requiring human service employers to develop and implement
21	21	programs that prevent workplace violence. Labor and Workforce Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act requiring human service employers to develop and implement programs that prevent
28	28	workplace violence.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 149 of the general laws, as appearing in the 2014 Official Edition,
32	32	2is hereby amended by inserting after section 129D, the following new section:-
33	33	3 Section 129E. (a) As used in this section, the following words shall have the following
34	34	4meanings:-
35	35	5 “Employee”, an individual employed by a human service employer as defined in this
36	36	6section.
37	37	7 “Human service employer”, any individual, partnership, association, corporation or, trust
38	38	8or any person or group of persons operating a human service agency as defined in this section
39	39	9and employing five or more employees.
40	40	10 “Human service agency”, an individual, partnership, association, corporation or trust or
41	41	11any person or group of persons that employs human service providers, including any public 2 of 4
42	42	12facility subject to licensing by, or operated by any division or department of the executive office
43	43	13of health and human services; any private, county or municipal facility, department or unit or
44	44	14vendor which is licensed or subject to licensing by any division or department of the executive
45	45	15office of health and human services.
46	46	16 (b) Each human service employer shall annually perform a risk assessment, in
47	47	17cooperation with the employees of the human service employer and any labor organization or
48	48	18organizations representing the employees, all factors, which may put any of the employees at risk
49	49	19of workplace assaults and homicide. The factors shall include, but not be limited to: working in
50	50	20public settings; guarding or maintaining property or possessions; working in high-crime areas;
51	51	21working late night or early morning hours; working alone or in small numbers; uncontrolled
52	52	22public access to the workplace; working in public areas where people are in crisis; working in
53	53	23areas where a patient or resident may exhibit violent behavior; working in areas with known
54	54	24security problems and working with a staffing pattern insufficient to address foreseeable risk
55	55	25factors.
56	56	26 (c) Based on the findings of the risk assessment, the human service employer shall
57	57	27develop and implement a program to minimize the danger of workplace violence to employees,
58	58	28which shall include appropriate employee training and a system for the ongoing reporting and
59	59	29monitoring of incidents and situations involving violence or the risk of violence. Employee
60	60	30training shall include, in addition to all employer training program policies, methods of reporting
61	61	31to appropriate public safety officials, bodies or agencies and processes necessary for the filing of
62	62	32criminal charges., Each human service employer shall develop a written violence prevention plan
63	63	33setting forth the employer’s workplace violence prevention plan. The human service employer
64	64	34shall make the plan available to each employee and provide the plan to any of its employees 3 of 4
65	65	35upon their request. The human service employer shall provide the plan to any labor organization
66	66	36or organizations representing any of its employees. The plan shall include, but not limited to: (i)
67	67	37a list of those factors and circumstances that may pose a danger to employees; (ii) a description
68	68	38of the methods that the human service employer will use to alleviate hazards associated with
69	69	39each factor; including, but not limited to, employee training and any appropriate changes in job
70	70	40design, staffing, security, equipment or facilities; and (iii) a description of the reporting and
71	71	41monitoring system.
72	72	42 (d) Each human service employer shall designate a senior manager responsible for the
73	73	43development and support of an in-house crisis response team for employee-victims of workplace
74	74	44violence. Said team shall implement an assaulted staff action program that includes, but is not
75	75	45limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups,
76	76	46employee victims’ family crisis intervention, peer-help and professional referrals.
77	77	47 (e) The commissioner of labor shall adopt rules and regulations necessary to implement
78	78	48the purposes of this act. The rules and regulations shall include such guidelines as the
79	79	49commissioner deems appropriate regarding workplace violence prevention programs required
80	80	50pursuant to this act, and related reporting and monitoring systems and employee training.
81	81	51 (f) Any human service employer who violates any rule, regulation or requirement made
82	82	52by the department under authority hereof shall be punished by a fine of not more than two
83	83	53thousand dollars for each offense. The department or its representative or any person aggrieved,
84	84	54any interested party or any officer of any labor union or association, whether incorporated or
85	85	55otherwise, may file a written complaint with the district court in the jurisdiction of which the
86	86	56violation occurs and shall promptly notify the attorney general in writing of such complaint. The 4 of 4
87	87	57attorney general, upon determination that there is a violation of any workplace standard relative
88	88	58to the protection of the occupational health and safety of employees or of any standard of
89	89	59requirement of licensure, may order any work site to be closed by way of the issuance of a cease
90	90	60and desist order enforceable in the appropriate courts of the commonwealth.
91	91	61 (g) No employee shall be penalized by a human service employer in any way as a result
92	92	62of such employee’s filing of a complaint or otherwise providing notice to the department in
93	93	63regard to the occupational health and safety of such employee or their fellow employees exposed
94	94	64to workplace violence risk factors.