Legislation

What is being done?

Caregivers and other health care professionals are the heart of our nation’s health care system and deserve an environment free from violence.”

Rick Pollack, President and CEO, American Hospital Association ¹³

What is being done to support homecare workers?

There are currently two bills relating to the safety of health care workers making their way through Congress:

H.R.1195 Workplace Violence Prevention for Health Care and Social Service Workers Act

This bill requires the Department of Labor to address workplace violence in health care, social service, and other sectors.

Specifically, Labor must issue an interim occupational safety and health standard that requires certain employers to take actions to protect workers and other personnel from workplace violence. The standard applies to employers in the health care sector, in the social service sector, and in sectors that conduct activities similar to those in the health care and social service sectors.

It has passed the House and is waiting to pass the Senate, as S.4182, before going to the president.

H.R.2584 Safety From Violence for Healthcare Employees Act or the SAVE Act

This bill establishes a new criminal offense for knowingly assaulting or intimidating hospital personnel during the performance of their official duties in a manner that interferes with their performance of the duties or limits their ability to perform the duties.

This bill was introduced in April of 2023 and is waiting to be passed by the House of Representatives.

H.R.2584 is bipartisan legislation that would give health care workers the same legal protections against assault and intimidation that flight crews and airport workers have under federal law.

New Legislation S.B. 553

SB 553 mandates that employers incorporate workplace violence prevention plans into their Cal/OSHA Injury Illness Prevention Plans.

The California Legislature passed Senator Cortese’s Senate Bill (SB) 553 on September 12, 2023, marking a significant step towards protecting workers from workplace violence.

SB 553 is a crucial legislative measure aimed at preventing workplace violence and enhancing employee safety in California. Requiring comprehensive violence prevention plans, regular training, and proactive measures, SB 553 ensures employers are better equipped to handle and prevent violent incidents.

This bill effects all areas and industries across the state, including the 1.7 million people who work in California's health care industry.

Key Provisions of SB 553

SB 553 outlines the six critical requirements for employers to enhance workplace safety:

1. Violent Incident Log: Employers must maintain a log of all violent incidents against employees, including post-incident investigations.

2. Emergency Response Training: Staff must be trained on how to obtain help from law enforcement or designated emergency responders.

3. Workplace Violence Restraining Orders: Employee representatives are allowed to petition for temporary workplace violence restraining orders.

4. Injury Illness Prevention Plan: Employers must identify those responsible for implementing the plan, including roles, training, and protocols for assessing and reacting to threats of violence. The plan must be reviewed annually.

5. Reporting Mechanisms: Employers must explain to employees how to report violent incidents without fear of retaliation and how their concerns will be addressed.

6. Emergency Procedures: Employers must establish procedures for responding to violent emergencies, including alert systems, evacuation or sheltering plans, and obtaining assistance from staff, security, or law enforcement.

New Legislation Local Funding

In response to growing concerns about worker safety in the Connecticut home health sector, Governor Ned Lamont’s administration introduced a new state funded grant program for home health care workers through Public Act No. 24-19.

Data collected from across the US between 2011 and 2013, shows workplace assaults ranged from 23,540 to 25,630 annually, with 70 to 74% occurring in healthcare and social services ¹⁴.

According to the state Department of Labor, as of May 2024 one in eight Connecticut workers (218,900) were employed in the healthcare sector ¹⁵. Healthcare jobs are among the fastest growing in the state, with nurses representing the largest group, totalling 79,822 professionals.

To address the concerns of Connecticut based health care workers and their families, this program provides funding grants to improve safety protocols and allow employers to purchase support services for their workers. The program covers a range of safety enhancements, including emergency alert buttons, buddy escort systems, tracking devices, safety training, risk-scoring tools, safety consultants, and the establishment of dedicated phone lines for staff in the field to access immediate support.

These grants will help agencies implement safety measures such as GPS-enabled employee safety monitoring solutions that allow staff to request immediate assistance by pressing a button.

At a press conference announcing the new funding and discussing the working conditions of staff who do home visits State Senator Saud Anwar stated that,

65% of them have been exposed to verbal abuse, 44% physical abuse and 6% sexual abuse, these are health care workers."

State Senator Saud Anwar ¹⁶

The press conference continued with Governor Lamont paying tribute to Joyce Grayson the home visiting nurse who was tragically killed last October in Willimantic, Connecticut.

The program is initially being supported by $6 million in funding allocated by the Connecticut General Assembly and Governor Lamont through the federal American Rescue Plan Act. The first round of grants is anticipated to be released by the end of October 2024.