PolicyBrief
S. 1232
119th CongressApr 1st 2025
Workplace Violence Prevention for Health Care and Social Service Workers Act
IN COMMITTEE

This Act mandates the Department of Labor to establish comprehensive, enforceable workplace violence prevention standards for healthcare and social service workers, including required written plans, risk assessments, and rigorous training.

Tammy Baldwin
D

Tammy Baldwin

Senator

WI

LEGISLATION

Mandatory Safety Plans Coming to Hospitals: New Bill Requires Detailed Violence Prevention for Healthcare Workers Within One Year

This new piece of legislation, the Workplace Violence Prevention for Health Care and Social Service Workers Act, is a big deal for anyone working in a hospital, nursing home, or social service agency. It mandates that the Secretary of Labor (meaning OSHA) create and enforce a federal standard for preventing violence against staff in these high-risk settings. Within one year of the bill becoming law, the Secretary has to issue a temporary final rule, and then a permanent, formal standard must be in place within 42 months (about 3.5 years). This means that for the first time, preventing workplace violence in these sectors will be a non-negotiable federal requirement, not just a suggestion.

Who’s Covered by the New Rules?

This law casts a wide net, defining covered facilities as pretty much any place you receive medical or residential care, including hospitals, nursing homes, hospices, residential treatment centers, and even clinics inside jails. If you’re a home health aide, an EMT, or a social worker doing field visits, you’re also covered under covered services. The key exclusions are private doctor’s offices that aren't attached to a hospital and child day care services. If you work for a covered employer—which is anyone who employs staff in these facilities or services—you’re a covered employee, and these new protections apply to you.

The Mandate: A Written Safety Blueprint

The core of this legislation (SEC. 103) requires every covered employer to develop a detailed, written Workplace Violence Prevention Plan within six months of the temporary rule being issued. This plan can’t be a generic template; it must be tailored to the specific risks of that location, and crucially, it must be developed with real input from direct care staff and their representatives. Think of it as a custom-built safety blueprint for your workplace.

For the average worker, this means you gain a formal seat at the table in deciding how your employer keeps you safe. For instance, if you work the overnight shift in a psychiatric unit, your input on staffing levels or alarm placement must be considered in the plan’s design. The plan must include a formal risk assessment for every work area, procedures for fixing identified hazards using the standard "hierarchy of controls" (meaning physical fixes like better locks and alarms come before procedural fixes like training), and clear steps for reporting and responding to incidents.

Tracking the Threat: The Violent Incident Log

One of the most significant changes is the new mandate for detailed recordkeeping. Employers will have to maintain a Violent Incident Log for at least five years, detailing every single violent incident—from physical assaults to threats. This log must include the date, location, the job titles of the employees involved, the extent of injuries, and a classification of the perpetrator (patient, visitor, co-worker, etc.). This isn't just paperwork; it creates a documented history of risk that employers are legally required to address.

Furthermore, employees and their representatives have the right to examine and copy these records (with patient identifying information removed to comply with HIPAA). This transparency is a powerful tool for accountability. Every year, employers must also post a summary of the log in a visible place, much like they currently post injury logs, ensuring everyone knows the real safety picture.

The Cost of Compliance

While this bill is a huge win for worker safety, it’s going to translate into significant administrative and potentially capital costs for employers. Implementing the engineering controls—things like electronic access systems, better lighting, panic alarms, and shatter-resistant glass—isn't cheap. Employers must invest time and money into creating the plans, providing the mandatory annual, in-person training, and maintaining the detailed records and investigations. For a large hospital network, this is a massive undertaking. However, the bill also ties compliance directly to Medicare funding (SEC. 201). If Medicare-funded hospitals and skilled nursing facilities fail to follow these new safety standards, they face the same enforcement penalties as any other Medicare violation, which is a strong incentive to get it right.