Summary of Proposed National Legislation: Workplace Violence Prevention for Healthcare and Social Services Workers Act

Summary of proposed national legislation: Workplace Violence Prevention for Health Care & Social Services Workers Act

Raymart Gerena, BSN, RN - CNRVMC Surgical Care Suite

One in four nurses has been abused in the workplace. Overall, the likelihood of healthcare workers being exposed to violence is higher than prison guards or police officers (American Nurses Association, 2021). In 2020, the American Nurses Association (ANA) heard directly from nurses telling their stories of patients assaulting them, throwing objects at them, biting them, and more (Stand, 2021). Policymakers have begun to recognize the need to prioritize violence prevention in the healthcare setting (National Nurses United, 2021). The Workplace Violence Prevention for Health Care and Social Service Workers Act (HR. 1195, Courtney, 2021) sponsored by Connecticut Representative Joe Courtney would mandate the Occupational Safety and Health Administration (OSHA) to promulgate a standard that would require all covered employers to develop and implement prevention plans to reduce workplace violence (WPV) incidents (National Nurses United, 2021). There is currently no OSHA standard that requires employers to implement violence prevention plans that would help reduce workplace violence injuries among healthcare and social service workers (Scott, 2021). This paper explores the need for violence prevention standards within the healthcare setting from a legislative perspective.

Workplace violence is bad for patients and hospitals (National Nurses United, 2021). Workplace violence experienced by nurses has been associated with decreased productivity and increased employee turnover (National Nurses United, 2021). It can reduce the level of nurse job satisfaction, and adversely affect quality of patient care and case outcomes (Stand, 2021). This is in addition to nurse injury and lost time at work (Stand, 2021). A 2018 report by the Joint Commission, Bureau of Labor Statistics (BLS) data showed that violence related injuries are four times more likely to cause healthcare workers to take time off from work than other kinds of injuries (National Nurses United, 2021). Yet, the actual number of violent incidents involving healthcare workers is likely much higher because reporting is just voluntary (National Nurses United, 2021). In a 2015 study, 88 percent of respondents had not documented in their employer’s electronic system an incident they had experienced in the previous year (National Nurses United, 2021).

This bill will require federal OSHA to issue a final standard mandating employers to develop comprehensive, workplace- specific plans to prevent violence before it happens (Scott, 2021). It will set a quick timeline on implementation to ensure timely protection for healthcare workers (National Nurses United, 2021). It will set minimum requirements which include unit-specific assessments and implementation of prevention measures including physical changes to the environment, staffing for patient care and security, employee involvement in all steps of the plan, hands-on training, robust record keeping requirements including a violence incident log, protection from retaliation for employees to report WPV to their employer and law enforcement among other requirements (National Nurses United, 2021).

Workplace violence often causes both physical and emotional harm (Scott, 2021). Victims of these incidents often suffer career-ending post-traumatic stress disorder that takes away their livelihoods and weakens an already stretched healthcare workforce (Scott, 2021). The American Nurses Association (ANA) reports that workplace violence continues to be a top concern for nurses during the COVID-19 pandemic (American Nurses Association, 2021). According to ANA president Ernest J. Grant, PhD, RN, FAAN, employers must take action not only to implement plans but also to enforce zero tolerance policies and remove all barriers that discourage nurses from safely reporting occurrences of violence and abuse. This legislation would have a good impact in nursing as this would make nurses feel secure and less stressed while working to provide effective patient care (American Nurses Association, 2021).

In conclusion, a bill that tackles workplace violence prevention will ensure the well-being of patients and staff in the hospital. Currently, the legislation passed the House with broad bipartisan support on a 254166 vote and has moved to the Senate for approval (Robinson, 2021). If passed in the Senate, this bill would then be sent to President Biden to be signed into law (Robinson, 2021). There has been opposition by the American Hospital Association (AHA) who expressed concern about the bill citing “prohibitive costs” compounded by significantly decreased hospital revenues due to COVID- 19 related losses (Robinson, 2021). On the other hand, the Congressional Budget Office (CBO) acknowledged that

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Practical Applications of Nursing Inquiry

there are projected cost savings to healthcare facilities because of reduced occupational injuries, a consequent reduction in absenteeism and, reduced employee turnover (Scott, 2021). If this bill becomes law, this will truly help public sector health care and social service workers in the 24 states not covered by any OSHA protections (Scott, 2021).

References

• American Nurses Association. (2021, April). Workplace Violence. https://ana.aristotle.com/sitepages/

WorkplaceViolence.aspx• Stand, L., Francis, R. (2021, September). Violence Prevention Measures Move in Congress. American Nurse

Journal. https://www.myamericannurse.com/wp-content/uploads/2021/09/an9-NPI-825a.pdf • National Nurses United. (2021, March 4). The Workplace Violence Prevention for Health Care and Social Service

Workers Act HR 1195 Fact Sheet. https://www.nationalnursesunited.org/sites/default/files/nnu/ documents/0321_WPV_WorkplaceViolence_Federal_FactSheet.pdf • Scott, R. (2021, February 22). Fact Sheet H.R. 1195 House Committee on Education and Labor. https:// edlabor.house.gov/download/workplace-violence-prevention-for-health-care-and-social-service-workers-act • National Nurses United. (2021, February 22). Nurses Applaud Introduction of Federal Legislation to Prevent

Workplace Violence in Health Care, Social Service Settings. https://www.nationalnursesunited.org/press/nursesapplaud-legislation-to-prevent-workplace-violence • Robinson, D., Sporleder, J. (2021, June 16). H.R. 1195: Workplace Violence Prevention for health Care and Social Service Workers Act. https://www.mediapartners.com/blog/post/hr-1995-workplace-violence-prevention-forhealth-care-and-social-service-workers-act • American Nurses Association. (2021, April 16). Passage of Workplace Violence Prevention legislation by U.S.

House of Representatives. https://www.nursingworld.org/news/news-releases/2021/ana-applauds-passage-ofworkplace-violence-prevention-legislation/ • National Nurses United. (2021, November 12). National Nurse Survey Exposes Hospitals’ Knowing Failure to Prepare for a COVID- 19 Surge During Flu Season. https://www.nationalnursesunited.org/press/national-nursesurvey-4-exposes-hospitals-knowing-failure-prepare-covid-19-surge • Courtney, J. (2021, April 16). Rep. Courtney’s Bill to Protect Health Care And Social Service Workers Passes

House with Strong Bipartisan Support. https://courtney.house.gov/media-center/press-releases/rep-courtney-s-bill -protect-health-care-and-social-service-workers-0