Representative Steven S. Howitt supports proposal to protect health care employees from workplace violence

Requires employers to implement annual facility-specific risk assessment plans

Boston – State Representative Steven S. Howitt (R-Seekonk) recently supported a proposal to address workplace violence within the health care industry and protect employees who suffer bodily injuries on the job.

House Bill 4767, An Act requiring health care employers to develop and implement programs to prevent workplace violence, was engrossed by the House of Representatives on a vote of 158-0 on November 19. The bill now heads to the Senate for its consideration.

According to a 2023 report issued by the Massachusetts Health and Hospital Association, “every 38 minutes in Massachusetts health care facilities someone, most often a clinician or an employee, is physically assaulted, endures verbal abuse, or is threatened.” Representative Howitt said House Bill 4767 attempts to address this problem by implementing stronger protections for health care workers, including mandatory training and enhanced reporting requirements.

Under the House proposal, health care employers will now be required to annually perform a facility-specific risk assessment. This assessment will be done in cooperation with the facility’s employees and any labor organization that represents these workers.

Representative Howitt said the bill also directs employers to develop plans to minimize workplace violence dangers, including establishing employee training and reporting procedures. It also takes steps to protect employees who report incidents of workplace violence, including clarifying that they may receive paid leave following an incident of workplace violence, which will not be counted towards their accrued vacation and sick time, although employers can require documentation related to the incident if the workplace violence leave exceeds 5 days.

Under House Bill 4767, health care employers will be responsible for submitting annual reports on all workplace violence incidents to the Commissioner of Public Health. Employers must also report to the district attorney who has jurisdiction over the community where the facility is located.

According to Representative Howitt, House Bill 4767 also directs the Executive Office of Health and Human Services, in coordination with the Executive Office of Public Safety and Security, to submit a report to the Joint Committee on Health Care Financing, the president of the Massachusetts Health and Hospital Association, Inc., the president of the Massachusetts Nurses Association and the president of 1199 SEIU with recommendations to improve interagency data sharing communication and collaboration between health care facilities within one year of the bill’s effective date. The report will also include recommendations for how public safety and law enforcement entities can best address alternative appropriate placement for criminal justice involved patients with a mental health or behavioral health diagnosis.

House Bill 4767 will now move to the Senate for consideration.