Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1539 Compare Versions

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

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1	1	1 of 2
2	2	SENATE DOCKET, NO. 580 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1539
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 health care employers to develop and implement programs to prevent
13	13	workplace violence.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexPaul R. FeeneyBristol and Norfolk1/26/2023Robyn K. KennedyFirst Worcester1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Paul W. MarkBerkshire, Hampden, Franklin and
17	17	Hampshire
18	18	1/26/2023Erika Uyterhoeven27th Middlesex1/26/2023John C. VelisHampden and Hampshire1/26/2023Adam Scanlon14th Bristol1/26/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Michael F. RushNorfolk and Suffolk1/30/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/30/2023Thomas M. Stanley9th Middlesex1/30/2023John F. KeenanNorfolk and Plymouth2/8/2023Michael O. MooreSecond Worcester2/8/2023Pavel M. PayanoFirst Essex2/8/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023 2 of 2
19	19	Bruce E. TarrFirst Essex and Middlesex2/21/2023Liz MirandaSecond Suffolk2/21/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 9
20	20	SENATE DOCKET, NO. 580 FILED ON: 1/17/2023
21	21	SENATE . . . . . . . . . . . . . . No. 1539
22	22	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1539) of Joan B. Lovely, Paul R.
23	23	Feeney, Robyn K. Kennedy, Jack Patrick Lewis and other members of the General Court for
24	24	legislation to require health care employers to develop and implement programs to prevent
25	25	workplace violence. Public Safety and Homeland Security.
26	26	[SIMILAR MATTER FILED IN PREVIOUS SESSION
27	27	SEE HOUSE, NO. 4574 OF 2021-2022.]
28	28	The Commonwealth of Massachusetts
29	29	_______________
30	30	In the One Hundred and Ninety-Third General Court
31	31	(2023-2024)
32	32	_______________
33	33	An Act requiring health care employers to develop and implement programs to prevent
34	34	workplace violence.
35	35	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
36	36	of the same, as follows:
37	37	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
38	38	2is hereby amended by adding the following section:-
39	39	3 Section 238. (a) As used in this section, the following words shall, unless the context
40	40	4clearly requires otherwise, have the following meanings:-
41	41	5 “Employee”, an individual employed by a health care employer.
42	42	6 “Health care employer”, any individual, partnership, association, corporation, trust or any
43	43	7person or group of persons operating a health care facility. 2 of 9
44	44	8 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
45	45	9University of Massachusetts medical school, a medium-security state correctional facility for
46	46	10male inmates located in Plymouth county that is operated and maintained by a private company
47	47	11under contract with the department of correction, or any state acute care facility, non-acute care
48	48	12facility, continuing care facility and group homes operated, funded or subject to oversight by the
49	49	13department of public health, the department of mental health or the department of developmental
50	50	14services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
51	51	15mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
52	52	16hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii)
53	53	17outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
54	54	18that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
55	55	19considered a health care facility if the facility is licensed in at least 1 of the included categories.
56	56	20 “Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful
57	57	21touching of another person; (ii) an attempt or act to use some degree of physical force on another
58	58	22person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch
59	59	23without permission, use immediate physical force or injure a particular person now or in the
60	60	24future, that if carried out would constitute a crime, and causes another person to reasonably
61	61	25believe that the person has the intent and ability to carry out such conduct.
62	62	26 (b) Annually, each health care employer shall perform a facility specific risk assessment
63	63	27that includes, but is not limited to, the standards determined by the department. The facility
64	64	28specific risk assessment shall be done in cooperation with the employees of the health care
65	65	29employer and any labor organization or organizations representing the employees, examining all
66	66	30factors, which may put any of the employees at risk of workplace violence. The factors shall 3 of 9
67	67	31include, but not be limited to: (i) working in public settings; (ii) guarding or maintaining property
68	68	32or possessions; (iii) working in high-crime areas; (iv) working late night or early morning hours;
69	69	33(v) working alone or in small numbers; (vi) uncontrolled public access to the workplace; (vii)
70	70	34working in public areas where people are in crisis; (viii) working in areas where a patient or
71	71	35resident may exhibit violent behavior; (ix) working in areas with known security problems; and
72	72	36(x) working with insufficient qualified staff in 1 or more position titles to address foreseeable
73	73	37risk factors.
74	74	38 (c) Based on the findings of the risk assessment in subsection (b), the health care
75	75	39employer shall develop and implement a program to minimize the danger of workplace violence
76	76	40to employees, which shall include appropriate employee training, and a system for the ongoing
77	77	41reporting and monitoring of incidents and situations involving violence or the risk of violence.
78	78	42Employee training shall include, in addition to all employer training program policies, methods
79	79	43of reporting to appropriate public safety officials, bodies or agencies and processes necessary for
80	80	44the filing of criminal charges.
81	81	45 (d) Each health care employer shall develop a written violence prevention plan setting
82	82	46forth the employer’s workplace violence prevention plan. The health care employer shall make
83	83	47the plan available to each employee and provide the plan to any of its employees upon request.
84	84	48The health care employer shall provide the plan to any labor organization or organizations
85	85	49representing any of its employees. The plan shall include: (i) a list of those factors and
86	86	50circumstances that may pose a danger to employees; (ii) a description of the methods that the
87	87	51health care employer will use to alleviate hazards associated with each factor; including, but not
88	88	52limited to, employee training and any appropriate changes in job design, staffing, security, 4 of 9
89	89	53equipment or facilities; (iii) a post-incident debriefing process with affected staff; and (iv) a
90	90	54description of the reporting and monitoring system.
91	91	55 (e) Each health care employer shall designate a senior manager responsible for the
92	92	56development and support of an in-house crisis response team for employee-victims of workplace
93	93	57violence. Said team shall implement an assaulted staff action program that includes, but is not
94	94	58limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups,
95	95	59employee victims’ family crisis intervention, peer-help and professional referrals.
96	96	60 (f) Any health care employer who violates any rule, regulation or requirement made by
97	97	61the department under authority hereof shall be punished by a fine of not more than $2,000 for
98	98	62each offense. The department or its representative or any aggrieved employee, any interested
99	99	63party or any officer of any labor union or association, whether incorporated or otherwise, may
100	100	64file a written complaint with the district court in the jurisdiction of which the violation occurs
101	101	65and shall promptly notify the attorney general in writing of such complaint. The attorney general,
102	102	66upon determination that there is a violation of any workplace standard relative to the protection
103	103	67of the occupational health and safety of employees or of any standard of requirement of
104	104	68licensure, may order any work site to be closed by way of the issuance of a cease and desist order
105	105	69enforceable in the appropriate courts of the commonwealth.
106	106	70 (g) No employee shall be penalized by a health care employer in any way as a result of
107	107	71such employee’s filing of a complaint or otherwise providing notice to the department in regard
108	108	72to the occupational health and safety of such employee or their fellow employees exposed to
109	109	73workplace violence risk factors. 5 of 9
110	110	74 (h) Not less than every 180 days, each health care employer shall submit a report, on a
111	111	75form prescribed by the commissioner of the department, of all incidents of workplace violence
112	112	76reported to the health care employer that occurred at the health care facility on an employee, an
113	113	77emergency medical technician, an ambulance operator or an ambulance attendant. The report
114	114	78shall be submitted to the department and the office of the district attorney for the county where
115	115	79the health care facility is located. Not more than 90 days after receiving the reports, the
116	116	80department shall make the aggregate data statewide and by county publicly available; provided
117	117	81that the department categorize the aggregate data by occupation and incident type.
118	118	82 SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after
119	119	83section 52E the following section:-
120	120	84 Section 52F. (a) For purposes of this section, the following words shall, unless the
121	121	85context clearly indicates otherwise, have the following meanings:-
122	122	86 “Employee”, an individual employed by a health care employer.
123	123	87 “Health care employer”, any individual, partnership, association, corporation or, trust or
124	124	88any person or group of persons operating a health care facility.
125	125	89 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
126	126	90University of Massachusetts medical school, a medium-security state correctional facility for
127	127	91male inmates located in Plymouth county that is operated and maintained by a private company
128	128	92under contract with the department of correction, or any state acute care facility, non-acute care
129	129	93facility, continuing care facility and group homes operated, funded or subject to oversight by the
130	130	94department of public health, the department of mental health or the department of developmental
131	131	95services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v) 6 of 9
132	132	96mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
133	133	97hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii)
134	134	98outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
135	135	99that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
136	136	100considered a health care facility if the facility is licensed in at least 1 of the included categories.
137	137	101 (b) A health care employer shall permit an employee to take up to 7 days of leave from
138	138	102work in any 12 month period if: (i) the employee is a victim of an assault or assault and battery
139	139	103which occurred in the line of duty and (ii) the employee uses the leave to seek or obtain victim
140	140	104services or legal assistance; obtain a protective order from a court; appear in court or before a
141	141	105grand jury; meet with a district attorney or other law enforcement official; or to address other
142	142	106legal issues directly related to the assault or assault and battery.
143	143	107 (c) The leave taken pursuant to subsection (b) shall be paid.
144	144	108 (d) A health care employer may require an employee to provide documentation
145	145	109evidencing that the employee is a victim of assault or assault and battery sustained in the line of
146	146	110duty and that the leave taken is consistent with the conditions of subsection (b). An employee
147	147	111shall provide such documentation to the health care employer within 5 business days after the
148	148	112health care employer requests documentation relative to the employee’s absence.
149	149	113 (e) An employee seeking leave from work pursuant to subsection (b) shall provide
150	150	114advance notice of the leave to the employer in accordance with the employer's leave policy;
151	151	115provided, however, that if an employee is absent on an unauthorized basis, the health care
152	152	116employer shall not take any negative action against the employee if the employee, within 30 days
153	153	117from the unauthorized absence or within 30 days from the last unauthorized absence in the 7 of 9
154	154	118instance of consecutive days of unauthorized absences, provides documentation that the
155	155	119unauthorized absence meets the criteria of subsection (b).
156	156	120 (f) All information related to the employee's leave taken pursuant to this section shall be
157	157	121kept confidential by the health care employer and shall not be disclosed, except to the extent that
158	158	122disclosure is: (i) requested or consented to, in writing, by the employee; (ii) ordered to be
159	159	123released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required
160	160	124in the course of an investigation authorized by law enforcement, including, but not limited to, an
161	161	125investigation by the attorney general; or (v) necessary to protect the safety of the employee or
162	162	126others employed at the workplace.
163	163	127 (g) No health care employer shall require an employee to exhaust all annual leave,
164	164	128vacation leave, personal leave or sick leave available to the employee prior to requesting or
165	165	129taking leave under this section.
166	166	130 (h) No health care employer shall coerce, interfere with, restrain or deny the exercise of,
167	167	131or any attempt to exercise, any rights provided by this section or to make leave requested or
168	168	132taken hereunder contingent upon whether or not the victim maintains contact with the alleged
169	169	133abuser.
170	170	134 (i) No health care employer shall discharge or in any other manner discriminate against
171	171	135an employee for exercising the employee’s rights under this section. An employee who takes
172	172	136leave under this section shall not lose any employment benefit accrued prior to the date on which
173	173	137the leave taken under this section commenced as a result of taking said leave. Upon the
174	174	138employee’s return from said leave, the employee shall be entitled to restoration to the
175	175	139employee’s original job or to an equivalent position. 8 of 9
176	176	140 (j) Each health care employer shall post in a conspicuous place within the health care
177	177	141facility a notice prepared or approved by the department indicating the rights and responsibilities
178	178	142provided by this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole,
179	179	143Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the
180	180	144primary language of at least 10,000 or ½ of one per cent of all residents of the commonwealth.
181	181	145The required workplace notice shall be in English and each language other than English which is
182	182	146the primary language of 5 or more employees or self-employed individuals of that workplace, if
183	183	147such notice is available from the department. Each health care employer shall notify each
184	184	148employee not more than 30 days from the beginning date of the employee’s employment, the
185	185	149rights and responsibilities provided by this section, including those related to notification
186	186	150requirements and confidentiality.
187	187	151 (k) This section shall not be construed to exempt an employer from complying with
188	188	152chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights
189	189	153of any employee under said chapter 258B, said section 14B of chapter 268 or any other general
190	190	154or special law.
191	191	155 SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020
192	192	156Official Edition, is hereby amended by adding the following paragraph:-
193	193	157 Any emergency medical technician, ambulance operator, ambulance attendant or a health
194	194	158care provider as defined in section 240 of chapter 111, who is the victim of assault or assault and
195	195	159battery at a health care facility, as such term is defined in said section 240, in the line of duty
196	196	160shall be given the option of providing the address of the health care facility where the assault or
197	197	161assault and battery occurred or of the labor organization in which they are a member in good 9 of 9
198	198	162standing. In instances where the address of the health care facility is used or labor organization to
199	199	163which the employee is a member in good standing, the health care facility or labor organization
200	200	164shall ensure that the individual receives any documents pertaining to the assault or assault and
201	201	165battery within 24 hours of receipt by the health care facility or labor organization. The health
202	202	166care facility or labor organization shall demonstrate that it has provided any and all
203	203	167documentation by obtaining a signature from the individual acknowledging receipt.
204	204	168 SECTION 4. The commissioner of public health shall adopt rules and regulations within
205	205	169180 days of enactment of this act necessary to implement and enforce the purposes of section
206	206	170240 of chapter 111 of the General Laws.