Workplace Violence Prevention for Health Care and Social Service Workers Act

Bill Number: H.R. 2531
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Labor and Employment
Status: Introduced
Latest Action: 2025-04-01: Referred to the Committee on Education and Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Last Updated: 2026-07-10T08:06:04Z

AI-Generated Summary

Purpose

The Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 2531) aims to protect workers in health care and social service industries from workplace violence by directing the Secretary of Labor to create and enforce a new occupational safety standard. This standard requires employers to develop comprehensive plans to identify, prevent, and respond to violence, building on existing guidelines to reduce risks like physical assaults, threats, and psychological harm.

Key Provisions

The bill is divided into two titles, focusing on establishing a federal safety standard and extending it to certain federally funded facilities.

Title I: Workplace Violence Prevention Standard

Interim and Final Standards:
The Secretary of Labor must issue an interim final standard within 1 year of enactment, based on the 2015 OSHA Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers. This bypasses some typical rulemaking steps (e.g., full notice-and-comment periods under the Administrative Procedure Act) but includes a 30-day public comment period.
A proposed standard follows within 2 years, leading to a final standard within 42 months. The interim standard remains in effect until replaced and is enforced like other OSHA standards.
If the interim standard is delayed, the bill's provisions automatically take effect as a standard.
Scope and Application:
Applies to "covered employers" (e.g., hospitals, nursing homes, clinics, home health agencies, correctional facilities, and similar settings operated by federal agencies) employing "covered employees" (e.g., direct care workers, emergency responders).
Covers "covered facilities" (e.g., inpatient/outpatient hospitals, residential treatment centers, psychiatric facilities, drug treatment centers) and "covered services" (e.g., home-based care, emergency transport), excluding private physician offices and child day care.
Excludes individuals privately employing caregivers in their homes.
Requirements for the Standard:
Workplace Violence Prevention Plan: Employers must create a written plan within 6 months, tailored to specific risks (e.g., patient history of violence, isolated work areas). It involves employee input and covers risk assessments, hazard controls (e.g., alarms, barriers, staffing), incident reporting/response, emergency procedures, training, and annual evaluations/updates.
Incident Investigations: Employers must investigate violence incidents promptly, document findings, and solicit employee input to improve prevention.
Training and Education: Annual in-person (or live video after the first year) training for employees on hazards, controls, reporting, and de-escalation. Additional training for supervisors, new hires, and those working with high-risk groups (e.g., victims of domestic violence). Training must be accessible (e.g., in appropriate languages).
Recordkeeping: Maintain 5-year records of plans, assessments, incident logs (detailing events, injuries, perpetrator types, and resolutions), and investigations. Annual summaries must be posted and submitted electronically to OSHA; full reports on incidents go to the Secretary, who summarizes them for Congress (without confidential details).
Anti-Retaliation: Employers must prohibit retaliation against workers for reporting violence or exercising rights under the standard, enforced like OSHA violations.
Definitions: Clarifies terms like "workplace violence" (acts or threats causing fear of injury, excluding self-defense), four types of violence (e.g., Type 1: criminal acts by strangers; Type 2: by patients/clients; Type 3: by coworkers; Type 4: by personal relations), "threat of violence," "engineering controls" (e.g., locks, cameras), and "work practice controls" (e.g., team staffing, de-escalation training).

Title II: Amendments to the Social Security Act

Extends the standard to hospitals and skilled nursing facilities receiving Medicare funds, even if not otherwise covered by OSHA (e.g., some non-federal entities).
Non-compliance can result in loss of Medicare provider agreements or civil penalties, effective 1 year after the interim standard's issuance.

Rules of Construction

Preserves existing worker rights under federal/state laws, collective bargaining, and reporting to law enforcement.
Does not limit protections for domestic violence, stalking, or sexual assault.

Significant Changes to Existing Law

New OSHA Standard: Introduces the first federal requirement for a comprehensive workplace violence prevention plan in health care and social services, expanding the Occupational Safety and Health Act of 1970 (OSH Act). Previously, OSHA relied on voluntary 2015 guidelines without mandatory enforcement.
Streamlined Rulemaking: The interim standard skips full OSH Act procedures (e.g., economic analysis under Executive Order 12866, Paperwork Reduction Act), allowing faster implementation while ensuring eventual full rulemaking for the permanent standard.
Medicare Integration: Amends Section 1866 of the Social Security Act to tie compliance to Medicare eligibility, creating financial incentives/enforcement for federally funded providers not fully under OSHA jurisdiction.
Enhanced Reporting and Protections: Mandates detailed incident logging, annual evaluations, and anti-retaliation policies, going beyond general OSH Act recordkeeping (e.g., 29 CFR 1904).

Potential Impacts

On Government Agencies: Increases workload for the Department of Labor (OSHA) in issuing standards, providing technical assistance (prioritized for 1 year post-interim), reviewing reports, and enforcing compliance. The Department of Health and Human Services (via Medicare) gains enforcement tools like provider sanctions. Could lead to better data on violence trends for policy improvements.
On Citizens (Workers and Employers): Health care and social service workers (e.g., nurses, aides, counselors) gain stronger protections, potentially reducing injuries (estimated high in these sectors) and stress, improving job safety and retention. Employers face new compliance costs (e.g., plans, training, controls) but benefit from reduced incidents and liability. Patients/clients may see indirect benefits from safer environments but could face minor disruptions from enhanced security.
On International Relations: No direct impacts; the bill focuses on domestic U.S. workplaces.

Main Stakeholders Affected

Primary: Covered employees (e.g., nurses, therapists, home health aides, emergency responders) who face daily violence risks; covered employers (e.g., hospitals, nursing homes, social service agencies, contractors).
Secondary: OSHA and the Secretary of Labor (rulemaking/enforcement); Medicare/Medicaid providers (funding compliance); patients, clients, and families (affected by facility changes); employee representatives/unions (involved in plan development); state OSHA plans (must meet or exceed federal standard).
Others: Law enforcement (for incident reporting); Congress (receives annual summaries).

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens OSH Act enforcement by treating the standard as equivalent to existing ones, with penalties for violations (e.g., fines up to $15,625 per serious violation, adjustable for inflation). Ensures HIPAA and privacy rules protect patient identities in records. Rules of construction affirm it supplements—not supersedes—other laws, avoiding conflicts with labor rights or violence protections.
Constitutional: No apparent challenges; aligns with Congress's commerce clause authority over workplace safety and spending power via Medicare conditions. Employee involvement in plans supports due process by promoting collaborative safety measures.
Political: Bipartisan sponsorship (Democrats and Republicans) signals broad support for worker safety in vulnerable sectors. Could set precedent for sector-specific OSHA standards, influencing future labor legislation amid rising concerns over health worker assaults post-COVID. Potential debates over compliance costs for small employers or rural facilities.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Courtney, Joe [D-CT-2]

Cosponsors (122)

Rep. Bacon, Don [R-NE-2], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Omar, Ilhan [D-MN-5], Rep. Adams, Alma S. [D-NC-12], Rep. McCollum, Betty [D-MN-4], Rep. Golden, Jared F. [D-ME-2], Rep. Morelle, Joseph D. [D-NY-25], Rep. Davids, Sharice [D-KS-3], Rep. Houlahan, Chrissy [D-PA-6], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Tonko, Paul [D-NY-20], Rep. Bonamici, Suzanne [D-OR-1], Rep. Moulton, Seth [D-MA-6], Rep. Casten, Sean [D-IL-6], Rep. Ryan, Patrick [D-NY-18], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ivey, Glenn [D-MD-4], Rep. Pingree, Chellie [D-ME-1], Rep. Peters, Scott H. [D-CA-50], Rep. Sherman, Brad [D-CA-32], Rep. McBath, Lucy [D-GA-6], Rep. Pocan, Mark [D-WI-2], Rep. Sewell, Terri A. [D-AL-7], Rep. Evans, Dwight [D-PA-3], Rep. Brownley, Julia [D-CA-26], Rep. DelBene, Suzan K. [D-WA-1], Rep. Menendez, Robert [D-NJ-8], Rep. Stevens, Haley M. [D-MI-11], Rep. Mrvan, Frank J. [D-IN-1], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Frost, Maxwell [D-FL-10], Rep. Lynch, Stephen F. [D-MA-8], Rep. Davis, Donald G. [D-NC-1], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Panetta, Jimmy [D-CA-19], Rep. Carter, Troy A. [D-LA-2], Rep. Quigley, Mike [D-IL-5], Rep. Moore, Gwen [D-WI-4], Rep. Mullin, Kevin [D-CA-15], Rep. Tokuda, Jill N. [D-HI-2], Rep. McBride, Sarah [D-DE-At Large], Rep. Chu, Judy [D-CA-28], Rep. Ramirez, Delia C. [D-IL-3], Rep. Kelly, Robin L. [D-IL-2], Rep. Larson, John B. [D-CT-1], Rep. Stansbury, Melanie A. [D-NM-1] and 72 more

Recent Actions

2025-04-01: Referred to the Committee on Education and Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-04-01: Referred to the Committee on Education and Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-04-01: Referred to the Committee on Education and Workforce, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-04-01: Introduced in House
2025-04-01: Introduced in House

Bill Versions

Workplace Violence Prevention for Health Care and Social Service Workers Act — issued 2025-04-01 — PDF (35 pages)