CMCP Diversity Matters - May/June 2018

direct patient contact. For example, a 2014 survey
published by the Journal of Emergency Nursing
found that 76 percent of nurses had experienced
some kind of violence, such as verbal assault
or physical abuse from patients or visitors. 8
Similarly, a 2014 study by the American Nurses
Association found that 25 percent of nurses and
nursing students had been physically assaulted by
either a patient or a patient’s family member, and
9 percent were worried about their physical safety
at work.
In addition to physical and emotional abuse,
workplace violence in health care settings also
has notable economic affects. 9 For instance, in
2013, private-sector hospital workers, compared
to private-sector non-hospital workers, were
five times more likely to take time off from
work because of an injury caused by violence.
Interestingly enough, the nursing community
is 91 percent female, and high rates of assault
against nurses may mirror a broad social trend of
violence against women.
PRIOR TO SB 1299
Despite the high incidence of violence against
health care workers, there are no federal rules
specifically protecting workers from violence.
Some states, such as New York, Illinois, and
New Jersey, require public employers to take
preventative measures to protect their employees
from potential violence. 10 In California, prior to
the implementation of SB 1299, 11 a patchwork
of regulations made up the legal landscape that
protected individuals from workplace violence
in health care settings. More specifically, the
following Cal/OSHA Title 8 regulations were the
gambit of protections offered under the law:
• Section 342(a) requires all employers to
immediately report to the local district office
of the Division of Occupational Safety and
Health any serious injury or illness. This
excludes Penal Code violations.
• Section 3203 IIPP requires employers to
identify and evaluate workplace hazards,
to investigate occupational injuries and
illnesses, to implement corrective measures
in a timely manner, to provide employee and
supervisor training, to develop a system for
ensuring compliance with workplace health
and safety measures, and to establish a
system of communication with employees
regarding safety and health matters.
• Section 3220 Emergency Action Plan
establishes general requirements for the
elements that need to be in an emergency
action plan.
• Section 6184 Employee Alarm Systems
establishes general requirements for
maintaining alarm systems.
• Chapter 7, Subchapter 1, Occupational Injury
or Illness Reports and Records (Sections
14300 et seq) requires employers to record
workplace injuries and illnesses and file
reports with the Department of Industrial
Relations.
However, no state (including California) had a
comprehensive set of regulations specifically
focused on workplace violence in health care
settings—until now.
LEGISLATIVE ACTION
The tragedy at Napa State Hospital raised a
number of safety concerns from the medical
community; chiefly, whether there were proper
and comprehensive regulations in place to protect
health care personnel. This concern morphed
into a movement spearheaded by the nursing
community to improve workplace violence laws in
health care settings.
8 | California Minority Counsel Program