Sec. 321. Workplace Violence Prevention Standard
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Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall issue an interim final standard on workplace violence prevention— to require certain employers in the health care and social service sectors, and certain employers in sectors that conduct activities similar to the activities in the health care and social service sectors, to develop and implement a comprehensive workplace violence prevention plan and carry out other activities or requirements described in section 323 to protect health care workers, social service workers, and other personnel from workplace violence; that shall, at a minimum, be based on the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers published by the Occupational Safety and Health Administration of the Department of Labor in 2015 and adhere to the requirements of this subtitle; and that provides for a period determined appropriate by the Secretary, not to exceed 1 year, during which the Secretary shall prioritize technical assistance and advice consistent with section 21(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 670(d) ) to employers subject to the standard with respect to compliance with the standard.
The following provisions of law and Executive orders shall not apply to the issuance of the interim final standard under this subsection: The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ). The requirements of chapters 5 and 6 of title 5, United States Code. Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ).
Executive Order No. 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), as amended. Notwithstanding paragraph (2)(B), the Secretary shall, prior to issuing the interim final standard under this subsection, provide notice in the Federal Register of the interim final standard and a 30-day period for public comment. The interim final standard shall— take effect on a date that is not later than 30 days after issuance, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date; be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ); and be in effect until the final standard described in subsection
(b)becomes effective and enforceable. If an interim final standard described in paragraph
(1)is not issued not later than 1 year of the date of enactment of this Act, the provisions of section 323 shall be in effect and enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ) until such provisions are superseded in whole by an interim final standard issued by the Secretary that meets the requirements of paragraph (1). Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), promulgate a proposed standard on workplace violence prevention— for the purposes described in subsection (a)(1)(A); and that shall include, at a minimum, requirements contained in the interim final standard required under subsection (a). Not later than 42 months after the date of enactment of this Act, the Secretary shall issue a final standard on such proposed standard that shall— provide no less protection than any workplace violence standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ), provided the Secretary finds that the final standard is feasible on the basis of the best available evidence; and be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ).
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- 58 FR 51735
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Sec. 321
Workplace Violence Prevention Standard
Fed. Reg.58 FR 51735
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