Sec. 325. Definitions

778 words·~4 min read·/bill/118/s/4120/is/section-325

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subtitle: The term alarm means a mechanical, electrical, or electronic device that does not rely upon an employee’s vocalization in order to alert others. The term dangerous weapon means an instrument capable of inflicting death or serious bodily injury, without regard to whether such instrument was designed for that purpose. The term engineering controls means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between a covered employee and the hazard.

For purposes of reducing workplace violence hazards, the term engineering controls includes electronic access controls to employee occupied areas, weapon detectors (installed or handheld), enclosed workstations with shatter-resistant glass, deep service counters, separate rooms or areas for high-risk patients, locks on doors, removing access to or securing items that could be used as weapons, furniture affixed to the floor, opaque glass in patient rooms (which protects privacy, but allows the health care provider to see where the patient is before entering the room), closed-circuit television monitoring and video recording, sight-aids, and personal alarm devices.

The term environmental risk factors means factors in the covered facility or area in which a covered service is performed that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors may be associated with the specific task being performed or the work area, such as working in an isolated area, poor illumination or blocked visibility, and lack of physical barriers between individuals and persons at risk of committing workplace violence.

The term patient-specific risk factors means factors specific to a patient that may increase the likelihood or severity of a workplace violence incident, including— a patient’s treatment and medication status, and history of violence and use of drugs or alcohol; and any conditions or disease processes of the patient that may cause the patient to experience confusion or disorientation, be nonresponsive to instruction, behave unpredictably, or engage in disruptive, threatening, or violent behavior.

The term Secretary means the Secretary of Labor. The term threat of violence means a statement or conduct that— causes an individual to fear for such individual’s safety because there is a reasonable possibility the individual might be physically injured; and serves no legitimate purpose. The term type 1 violence — means workplace violence directed at a covered employee at a covered facility or while performing a covered service by an individual who has no legitimate business at the covered facility or with respect to such covered service; and includes violent acts by any individual who enters the covered facility or worksite where a covered service is being performed with the intent to commit a crime.

The term type 2 violence means workplace violence directed at a covered employee by customers, clients, patients, students, inmates, or any individual for whom a covered facility provides services or for whom the employee performs covered services. The term type 3 violence means workplace violence directed at a covered employee by a present or former employee, supervisor, or manager. The term type 4 violence means workplace violence directed at a covered employee by an individual who is not an employee, but has or is known to have had a personal relationship with such employee, or with a customer, client, patient, student, inmate, or any individual for whom a covered facility provides services or for whom the employee performs covered services.

The term work practice controls means procedures and rules that are used to effectively reduce workplace violence hazards. The term work practice controls includes— assigning and placing sufficient numbers of staff to reduce patient-specific type 2 violence hazards; provision of dedicated and available safety personnel such as security guards; employee training on workplace violence prevention methods and techniques to de-escalate and minimize violent behavior; and employee training on procedures for response in the event of a workplace violence incident and for post-incident response.

The term workplace violence means any act of violence or threat of violence, without regard to intent, that occurs at a covered facility or while a covered employee performs a covered service. The term workplace violence does not include lawful acts of self-defense or lawful acts of defense of others. The term workplace violence includes— the threat or use of physical force against a covered employee that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, without regard to whether the covered employee sustains an injury, psychological trauma, or stress; and an incident involving the threat or use of a firearm or a dangerous weapon, including the use of common objects as weapons, without regard to whether the employee sustains an injury, psychological trauma, or stress.