This Act mandates the Department of Labor to establish and enforce comprehensive workplace violence prevention standards for healthcare and social service workers, while also tying compliance to Medicare funding for certain facilities.
Joe Courtney
Representative
CT-2
This Act mandates the Secretary of Labor to establish an interim and then a final standard requiring comprehensive workplace violence prevention plans for employers in the healthcare and social service sectors. These plans must be developed with employee input and detail risk assessments, hazard controls, reporting procedures, and annual training. Furthermore, the bill amends the Social Security Act to require Medicare-funded hospitals and skilled nursing facilities not covered by OSHA to comply with these new federal workplace violence prevention standards. The legislation also establishes clear definitions for workplace violence and includes strong anti-retaliation protections for employees who exercise their rights under the Act.
If you work in a hospital, a nursing home, or any kind of social service facility, you know that violence isn’t just a possibility—it’s often a serious, daily risk. This new legislation, the Workplace Violence Prevention for Health Care and Social Service Workers Act, aims to change that by forcing employers in these high-risk fields to finally implement mandatory, comprehensive safety plans.
This bill gives the Secretary of Labor one year to issue an interim final standard for workplace violence prevention. That means within 12 months, employers at most hospitals, clinics, residential care facilities, and even home-health agencies must start following a federal safety rule. Crucially, this rule must be built around a written prevention plan developed with genuine input from the direct care employees and their representatives (SEC. 101, SEC. 103).
For most people working in these sectors, the biggest shift will be the required involvement in safety planning. No more top-down safety memos that ignore the reality on the floor. The new standard requires employers to create a plan that is tailored to the specific hazards of that facility, and that plan must be developed with input from the people actually doing the job (SEC. 103). Think of it like this: if you’re a nurse in the ER, you know exactly where the blind spots are or which patient intake procedures create the most risk. Your employer will now be required to use your knowledge to identify hazards and design solutions.
The plans must detail how the employer will use the hierarchy of controls—meaning they have to try engineering fixes (like better locks, panic buttons, or shatter-resistant glass) before relying solely on administrative solutions (like more training). They also have to maintain a detailed log of every violent incident for at least five years, including the time, location, nature of injuries, and who committed the violence (SEC. 103).
This legislation tackles four types of violence—from random intruders (Type 1) to patients/clients (Type 2) and even coworkers (Type 3). For a social worker doing home visits, this means the employer’s plan must include specific work practice controls designed to mitigate those risks, like having adequate staffing for high-risk situations or providing alarms (SEC. 105). For a physical therapist in a nursing home, this means the facility must conduct an annual evaluation of its plan, checking the incident log and updating procedures based on what’s actually happening on the floor (SEC. 103).
Perhaps the most important protection for employees is the anti-retaliation policy. The law explicitly forbids employers from discriminating against or punishing any worker for reporting a violent incident, a threat, or a safety concern to management, law enforcement, or any government agency (SEC. 103). This is designed to ensure that fear of losing your job doesn't prevent you from speaking up about a dangerous situation.
For hospitals and skilled nursing facilities that receive Medicare funding, compliance with this new standard isn't optional—it’s tied directly to their bottom line. The bill amends the Social Security Act, making adherence to the Workplace Violence Prevention Standard a condition of participation in Medicare (SEC. 201). If a facility fails to meet the safety requirements, it could face penalties related to its funding status. This ensures that even facilities not traditionally under federal OSHA's direct jurisdiction are forced to adopt these protective measures.
While this bill creates new administrative costs and burdens for covered employers, the mandate for employee participation and the connection to Medicare funding suggest that this isn't just a paper exercise. The goal is to move beyond voluntary guidelines and establish a clear, enforceable federal standard that finally makes safety a shared responsibility—and a mandatory one—in these critical fields.