HB 2562: DLIR; DOH; Health Care Worker Safety; Health Care Facilities; Workplace Violence Prevention

HOUSE OF REPRESENTATIVES	H.B. NO.	2562
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO WORKPLACE VIOLENCE IN HEALTH CARE SETTINGS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that existing law provides criminal penalties for assaults against health care workers, including assault in the second degree when committed against a health care worker in the course of employment, pursuant to section 707-711, Hawaii Revised Statutes.

     The legislature further finds that, notwithstanding these criminal provisions, incidents of harassment, threats, and violence against health care workers continue to occur and are often underreported due to inadequate administrative response, unclear procedures, and fear of retaliation.

     The legislature recognizes that preventing workplace violence in health care settings requires proactive and enforceable administrative measures by health care facilities, including clear policies, training, access control, investigation, and accountability at the leadership level.

     The purpose of this Act is to establish minimum statewide requirements for health care facilities to:

     (1)  Prevent, respond to, and address workplace violence;

     (2)  Protect health care workers from retaliation; and

     (3)  Enhance safety for patients, health care workers, and the public.

     SECTION 2.  Chapter 323, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  HEALTH CARE WORKER SAFETY AND WORKPLACE VIOLENCE PREVENTION IN HEALTH CARE facilities

     §323-     Definitions.  As used in this part, unless the context clearly requires otherwise:

     "Health care facility" has the same meaning as provided in section 323D-2.

     "Health care worker" means any individual licensed, certified, or otherwise authorized to provide health care services, including but not limited to health care professionals as defined in section 451D-2, surgical assistants, nurse aides, respiratory therapists, laboratory technicians, and radiologic technologists.

     "Leadership" means any supervisor, manager, administrator, director, or executive personnel at any level within a health care facility.

     "Workplace violence" includes but is not limited to:

     (1)  Physical assault;

     (2)  Verbal assault;

     (3)  Sexual assault;

     (4)  Physical threats;

     (5)  Verbal threats;

     (6)  Written threats;

     (7)  Electronically transmitted expressions of intent to physically injure or harm another person; and

     (8)  Any action that results in or is reasonably likely to result in mental or emotional disturbance or fear for personal safety.

     §323-     Zero-tolerance policy.  (a)  Each health care facility shall establish, implement, and enforce a zero-tolerance policy toward workplace violence committed by patients and visitors.

     (b)  The policy shall identify prohibited conduct, reporting mechanisms, response procedures, and consequences for violations.

     §323-     Workplace violence prevention program.  (a)  Each health care facility shall maintain a workplace violence prevention program led by a designated individual and developed by a multidisciplinary team.

     (b)  The program shall include:

     (1)  Policies and procedures to prevent and respond to workplace violence;

     (2)  Procedures for reporting and documenting incidents;

     (3)  Methods for analyzing incidents and trends;

     (4)  Procedures for follow-up and support for victims and witnesses; and

     (5)  Procedures for reporting workplace violence data to the health care facility's governing body.

     §323-     Standard operating procedures.  (a)  Each health care facility shall develop, implement, and maintain written standard operating procedures for responding to workplace violence.

     (b)  The procedures shall address:

     (1)  Immediate response and de-escalation;

     (2)  Separation of affected health care workers from offenders;

     (3)  Escalation to health care facility security or administration, or law enforcement;

     (4)  Documentation and investigation;

     (5)  Measures to prevent further abuse by the same individual;

     (6)  Coordination with health care facility security; and

     (7)  Clear procedures for reporting incidents, including multiple reporting avenues and timelines for response.

     (c)  The procedures shall be included in employee handbooks and training for staff and leadership.

     (d)  All procedures required under this section, and any subsequent modifications, shall be transmitted to the department of labor and industrial relations within one hundred twenty days of the effective date of this Act and maintained thereafter.  Procedures shall not be unilaterally modified in a manner that diminishes health care worker protections.

     (e)  Where a collective bargaining agreement is in effect, the development and modification of procedures required under this section shall be subject to collective bargaining in accordance with applicable labor laws.

     §323-     Health care worker assignment protections.  (a)  A health care worker may accept, reject, or object in writing to any patient assignment that places the health care worker or patients at serious risk of harm.

     (b)  The exercise of rights under this section shall not result in retaliation, discipline, or any adverse employment action.

     §323-     Reporting protections; anti-retaliation.  (a)  Health care workers may report workplace violence without fear of retaliation.

     (b)  It shall be unlawful for any member of leadership to discourage, dissuade, delay, ignore, minimize, or pressure a health care worker to refrain from reporting an incident.

     (c)  All reports of workplace violence shall be investigated promptly, and no retaliatory action shall be taken against a reporting health care worker acting in good faith.

     §323-     Duties following an incident.  Upon receipt of a report of workplace violence, a health care facility shall:

     (1)  Conduct a timely investigation;

     (2)  Assess ongoing risk;

     (3)  Implement protective measures that a reasonable person would consider sufficient under the circumstances to prevent further harm;

     (4)  Provide appropriate medical, mental health, and workplace supports; and

     (5)  Document the actions taken.

     §323-     Facility access control and security screening.  (a)  Health care facilities that meet the criteria under subsection (d) shall implement reasonable access-control measures, including:

     (1)  Minimizing public entranceways where practicable and consistent with patient care, emergency access, and fire and life safety requirements;

     (2)  Establishing staffed security checkpoints at designated public entrances;

     (3)  Requiring entry screening by metal detectors or metal-detecting wands, without unreasonably delaying emergency medical care;

     (4)  Restricting access to areas unrelated to the purpose of the visit through secured doorways or badge systems; and

     (5)  Adopting procedures for detecting, handling, and responding to weapons or prohibited items.

     (b)  Weapons screening, operation of detection equipment, confiscation, and related access-control functions shall be performed only by security personnel or other designated non-clinical staff who have completed health care facility-approved training in:

     (1)  Operation of screening equipment;

     (2)  De-escalation and trauma-informed response;

     (3)  Safe handling of weapons or prohibited items; and

     (4)  Coordination with administration and law enforcement.

Direct care staff shall not be assigned or required to perform screening or confiscation duties.

     (c)  Nothing in this section shall be construed to:

     (1)  Prevent emergency medical treatment;

     (2)  Conflict with the Americans with Disabilities Act of 1990, as amended, or the Americans with Disabilities Act Standards for Accessible Design; or

     (3)  Supersede fire, life safety, or emergency evacuation requirements.

     (d)  This section shall apply only to licensed:

     (1)  Acute care and specialty care facilities with thirty or more beds; and

     (2)  Long-term care facilities with fifty or more beds.

Facilities below these thresholds shall implement alternative reasonable security measures appropriate to their size and risk profile.

     §323-     Training and education.  (a)  Each health care facility shall provide training at the time of hire and regularly thereafter for staff and leadership on:

     (1)  Workplace violence prevention;

     (2)  Reporting procedures;

     (3)  De-escalation techniques;

     (4)  Trauma-informed response; and

     (5)  Facility security and access protocols.

     (b)  Training shall affirm that workplace violence is not an accepted condition of employment.

     §323-     Worksite analysis.  (a)  Health care facilities shall conduct periodic worksite analyses to identify safety and security risks.

     (b)  Health care facilities shall take reasonable actions to mitigate or resolve identified risks.

     §323-     Enforcement.  (a)  The department of labor and industrial relations, in coordination with the department of health, shall enforce this chapter.

     (b)  A violation of this chapter may result in administrative penalties, corrective action plans, a fine of up to $150 per day, or other remedies as provided by law.

     (c)  If a health care worker suffers loss of employment, wages, benefits, or the ability to work due to retaliation or injury occurring while a health care facility is out of compliance with this chapter, the health care facility shall:

     (1)  Make the employee whole; and

     (2)  Pay treble the employee's lost wages and benefits, including health insurance contributions and accrued leave.

     §323-     Rules.  The department of labor and industrial relations may adopt rules pursuant to chapter 91 to implement this chapter."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

DLIR; DOH; Health Care Worker Safety; Health Care Facilities; Workplace Violence Prevention

 

Description:

Establishes statewide health care worker safety and workplace violence prevention requirements for health care facilities.  Requires enforcement by the Department of Labor and Industrial Relations in coordination with the Department of Health.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.